Why Is The Insurance Company Requesting The Past 5 Years Of My Medical Records? (2024)

Insurance companies sometimes ask you to sign a blanket medical authorization after a car wreck so that they can obtain your medical records. Should you sign those forms? Why are they looking to get medicals that far back, and even prior to the accident?

What Do My Past Medical Records Have To Do With My Accident?:

In big accident cases, the at-fault car insurance company (or your UM insurer) may ask you for medical records from before your accident. There is no legal limit on what they can request, but most companies may request five years of past records.

The goal of the insurance company in obtaining past records is so that they can compare those records to your current (post-accident) injuries and complaints. For instance, if you are claiming low back injuries from a car wreck, the insurance company wants to see if you had any prior low back injuries or complaints documented in past medical records. If you do, they will compare those past complaints to your current condition. Their goal is to downplay your current injuries or blame them altogether on an unrelated incident, prior to the accident in question.

Does The Insurance Company Have The Right To Get My Medical Records?:

In Louisiana, if a lawsuit has not yet been filed for an accident, the at-fault insurance company does not have the right to get your medical records without your permission, usually in the form of a medical records release. This is a double-edged sword, as failing to comply with the insurance company’s request may lead to their outright denial of your claim. The best thing to do is to contact an experienced personal injury attorney who can weight the pros and cons of your individual situation.

It is important to note that you may have a different set of responsibilities when dealing with your own insurance company under a UM (Uninsured/underinsured motorist) claim. That’s because the relationship you have with your own insurance company is contractual and you must adhere to the rules set out in your insurance policy, including working with them to explore claims.

Do The Rules Change If I File Suit?:

Once a lawsuit is filed on a car accident case, the rules on obtaining past medical records change. After a suit is filed, the at-fault insurance company has the right to conduct discovery, which includes exploring your medical history as it relates to your claims.

In a lawsuit, an insurance company will typically request your medical authorization so that they can obtain pertinent medical records. Sometimes, they will ask for medical records prior to the accident date, again trying to prove that your injuries were pre-existing and unrelated to the accident at issue.

The rule during discovery is generally that the insurance company has the right to collect information which may lead to admissible evidence at trial. This is very broad. However, it is not without its limitations. At Flattmann Law, we protect our clients from overly broad requests into their past medical treatment, especially when past treatment is completely unrelated to their current complaints. For instance, we might object to a request for 10 years of our client’s past psychological treatment notes if their current claims have nothing to do with psychological injuries.

Again, whether or not the insurance company has the right to request past medical records and the extent of their requests can be complicated and are individual to every case. It can be extremely beneficial to contact an experienced personal injury lawyer to discuss these issues before making any decisions regarding the release of medical information.

Do You Have Questions About An Insurance Company's Request For Medical Records After An Accident?

If you have been injured in a car wreck and have questions about an insurance company's request for medical records after an accident, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.

Why Is The Insurance Company Requesting The Past 5 Years Of My Medical Records? (2024)

FAQs

Why Is The Insurance Company Requesting The Past 5 Years Of My Medical Records? ›

When an insurance company decides to inspect your older medical documents, its main objective is to establish the authenticity of your injury. They want to determine if the injury you're claiming compensation for genuinely stems from a recent incident.

Is it normal for an insurance company to ask for medical records? ›

Insurance companies frequently request medical records when evaluating claims. The adjuster needs to corroborate your records with the medical bills you submitted for compensation.

How far back do life insurance companies look at medical records? ›

Life insurers can only review medical records with the consent of the applicant. The specific terms of the consent agreement will specify how many years the insurer will look back. The number of years can vary by policy, but some insurers look at up to 10 years' worth of medical records.

Should I release my medical records to life insurance company? ›

NEVER sign a release granting the insurance company the right to access any of your medical information directly. Privacy laws guarantee the freedom to turn over only the medical records you choose to disclose.

Do insurance companies have the right to all information about your health? ›

Medical history – While your insurance company cannot request your entire medical history, they will need to know information related to the history of symptoms, treatments, and testing for a procedure you need or elect to have done.

What is necessary in order to authorize release of medical information to an insurance carrier? ›

Your doctor, insurance company, and other healthcare providers have to ask for your written permission before they can release your personal health information.

For what purposes do insurance providers have access to patients' medical records on Quizlet? ›

Insurance companies use the information in the patient's chart to pay the doctor or the patient for the services, depending on coverage.

Does medical history affect life insurance? ›

In many cases, your age and current health are the most significant factors in determining life insurance policy details. But in some cases, family medical history will also affect coverage and may need to be investigated further.

Are medical records stored forever? ›

Welfare and Institutions Code section 14124.1 (which relates to Medi-Cal patients) specifies a ten-year retention period.

What should you not say when applying for life insurance? ›

LYING ABOUT DRUG USE OR TOBACCO & ALCOHOL USE

An applicant for life insurance must disclose lifestyle habits, good and bad, including use of alcohol or use of tobacco.

Can you get life insurance without medical records? ›

Yes, some insurers offer life insurance policies without a medical exam, usually called guaranteed issue or simplified issue policies. Typically, life insurance coverage requires a medical examination, including a physical and blood test, while life insurance with no medical exam allows you to buy coverage without one.

What is necessary to release a patient's record to the patient's insurance company? ›

No matter the reason for the requested records, a patient must provide a signed authorization before any information may be released. The authorization must specifically indicate who should receive the information and for what purpose it will be used.

What to do if someone accessed your medical records? ›

HIPAA does not have a private right of action. You can report possible HIPAA violations to the US Dept of Health and Human Services, and if they want, they can investigate and take action, but you can not sue.

Can you hide your prescription history? ›

California and federal laws restrict certain disclosures of health and medication information, including prescription data. However, prescription information is widely circulated in less publicly known ways.

Why do insurance companies request medical records? ›

Insurers use your medical history to assess the risk associated with insuring you. If you have a pre-existing medical condition, it may impact your policy's terms and premium.

Can insurance companies ask about preexisting conditions? ›

Choosing a health plan is no longer based on the concept of a pre-existing condition. A health insurer cannot deny you coverage or raise rates for plans if you have a medical condition at the time of enrollment.

Can my parents see my medical records if I'm on their insurance? ›

A U.S. law limits who can see medical records. The law, known as HIPAA, protects patient information from prying eyes. You're covered by HIPAA after you turn 18. At that point, you need to give written permission for people to see your medical records — even your parents.

Do insurance companies have access to medical records in Canada? ›

Do insurance companies have access to medical records in Canada? Insurance companies in Canada are required to get your express consent to access your medical records.

What is contained on part 3 of an application for insurance? ›

In Part III, the agent provides additional information about the applicant's financial condition and character, the background and purpose of the sale, and how long the agent has known the applicant. The agent's report also usually asks if the proposed insurance will replace an existing policy.

Which legislation has also provided protections for consumers when dealing with insurers? ›

Proposition 103. Proposition 103, passed by California voters in November 1988, was intended to protect consumers from arbitrary insurance rates and practices, to encourage a competitive marketplace and to ensure that insurance is fair, available and affordable for all Californians.

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