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Home > Accident Attorney > SHOULD I GIVE MY MEDICAL RECORDS TO MY INSURANCE ADJUSTER FOR A CALIFORNIA ACCIDENT?

Written by Jelena Tiemann and Peter B. Tiemann

Last Updated : January 14, 2022
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Posted on Monday, October 14th, 2019 at 6:20 pm    

After a motor vehicle accident in California, there are many things that you need to take care of related to the accident. Typically, the top two priorities after a car accident are to seek medical care and arrange for transportation. If the other driver caused the accident, you would likely file an insurance claim with the driver’s insurance provider.

Settling Car Accident Claims

Property damage claims are usually settled quickly, but personal injury claims take more time. You need to complete medical treatment and be released from medical care before you settle an insurance claim for personal injuries. The insurance adjuster assigned to your case may ask you to sign a medical records release form or medical records authorization. The adjuster should explain that this form is necessary for the insurance company to obtain copies of your medical records to verify your injuries for the claim.

The adjuster might tell you that without this form, the insurance company cannot process your claim. However, the adjuster may not tell you that the insurance company wants access to your entire medical history.

For that reason, we strongly suggest you speak with a Sacramento personal injury lawyer before signing any forms for the insurance company. Giving the insurance company access to your medical records could potentially harm your case.

Why Would the Insurance Company Want Access to My Medical History?

Insurance companies do not earn profits by paying large settlement claims. Therefore, companies try to lower the amount of money they must pay to accident victims to settle their claims. If they cannot find a valid reason for denying a claim, such as the accident victim was partially at fault for the crash or liability for the claim is unclear, the company may try to find a reason to lower the value of the claim.

Blaming injuries on previous health conditions or prior accidents is a common way insurance companies attempt to lower the value of an insurance claim. The company reviews the victim’s medical history searching for health conditions, illnesses, or injuries that could be related to the current injury. The company then blames the current injury in whole or in part on the past medical condition to decrease the value of the insurance claim.

Does this tactic work? If the person has retained an experienced California personal injury attorney, the tactic usually does not work. There is case law that supports victims receiving full compensation for current injuries, even if an existing health condition or injury may have contributed to the degree of injury sustained by the victim in the car accident. The legal theory argues that the victim should not be held at fault for any portion of the injury because the other person’s negligence was the cause of the crash.

However, accident victims who do not seek legal counsel before accepting a settlement offer may not be aware that they might be entitled to full compensation.

Contact a Sacramento Personal Injury Lawyer for Help

Before you sign any forms for an insurance company or agree to a settlement, talk with one of our personal injury attorneys. Learn about your legal rights and your options for recovering compensation after a car accident from someone who only has your best interests in mind.

Contact our Sacramento car accident attorneys for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.

Categories: Accident Attorney, Accident Injury, Attorney At Law

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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

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No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.