#5 MISTAKE: Signing a medical records release authorization for the other driver’s insurance company

QUESTION: Why should you wait until you’re done treating from your car accident to sign a medical records release authorization for the other driver’s insurance company?

ANSWER: To protect your rights and to have your medical bills for the treatment from your injuries from your car accident, do not sign the medical records release authorization until after you’ve completed your treatment. Not signing the release will  prevent the insurance company from disputing the relevance of your medical care to the auto accident and stopping your medical coverage.. Let the insurance adjuster know that you will sign the medical records release authorization after you’ve completed treating and your medical provider has released you from their care.

The fifth biggest mistake you can make following a car accident is signing a medical authorization or release of your medical records for the other drivers or the at-fault insurance company before you’re done treating from the accident. 

There’s one very specific reason why we give this advice. We’ve seen time and time again that if the other person’s insurance company gets your medical records before you’re done treating, they will use that information against you.

The adjuster will go through all of your records, looking for any reason, as far as they’re concerned, as to why your treatment is not related to your car accident. Next, they’re going to contact the PIP carrier who is paying your medical bills and say to them, “We’re not going to reimburse for the medical bills because it’s not related to the car accident. You better stop paying them.” And then the PIP carrier turns around and says to you, “We’re not paying for any more of your medical treatment, it’s not related to the car accident.”

And then you’re really stuck.

If the other person’s insurance company asks you to sign a medical authorization or a medical release, you should say to them, “I’m going to wait until I’m done treating before I sign the medical authorization and release.” That is a perfectly reasonable position to take. You’re not being uncooperative.

The insurance company will get your medical records at the right time and not any sooner.

The adjuster may say things that make you feel like you’re being uncooperative. You may say to yourself, “I better sign it”. They may say things like, “Well we won’t be able to settle your claim,” or “We need this to process your claim,” or “We’re going to close your claim out,” or “Why are you not being cooperative?” The truth is they’re making an unreasonable demand of you.

If the adjuster for the other insurance company asks you to sign a medical authorization or release of your medical records just simply say,

“When I’m done with medical treatment I’ll be happy to sign the release.”

Whether you’re our client or not, we want to be a bridge of support for you.

We’ve developed a robust library of articles and videos organized into four topics which include our responses to the personal injury claim-related questions we’re asked most often.

• Top 10 Personal Injury Claim Mistakes to Avoid
• What You Need to Know About Your Claim
• How Are My Medical Bills & Wage Loss Paid
• How to Prepare for Your Independent Medical Exam

The articles provide advice and guidelines to help you navigate each phase of the personal injury claims process. Whether we represent you or not, we are passionate about helping you protect your rights, you receiving the medical care you need to recover from your injuries, and having the information you need to avoid mistakes that can harm your personal injury claim.