How much medical information am I required to give to an insurance adjustor?

Question

The adjustor for the at fault person is asking for a release on my medical records. I don't really want to hand him my records that he can go snooping in. I don't have anything to hide, I just don't think that it's any of his business.

What am I required to give him?

Can I have my Doctor release information post-accident, and sign off that there were no pre-existing conditions?

Answer 1

Anything he asks...you should be able to answer....

he doesn't ask trivial questions that are NOT necessary..

Are ya hiding something?

Answer 2

If you don't provide the medical records you will get no offer or a very small one. If you can live with that then fine.

The burden to prove you are injured falls on you. The burden to prove that there were no previous similar injuries also falls on you. Under the law you control your medical records. In order for the adjuster to evaluate the injury claim the medical records are needed. No records means nothing to evaluate, which in turn leads to a very small offer at best.

The adjuster isn't going to have time to snoop. We are way too busy to snoop. If you are claiming a neck injury then we scan the records for neck injury info. Anything else, we don't care about and don't read.

During the course of my career I have found that the only people who refuse to provide all their medical records are the ones with something to hide. If you decide to sue all the info will come out in court.

I have actually had a case in MN where the lady claimed a back injury with no prior back injuries. She refused to give us the medical records. I offered $750. She sued, in the "discovery" process of the lawsuit, her lawyer called and wanted to settle. He found that she had a prior back surgery that she was trying to hide. Needless to say it was settled out of court for not much more than the $750.  

A letter from the Dr. as you suggest will not fly. The adjuster is entitled to your medical records if you wish to make a claim. Sorry, but that is the price you pay for making an injury claim.

Good Luck

Answer 3

You don't HAVE to give him anything.  But if you don't, he'll close the file.  

If you do go to court, you'll have to disclose all, anyway.  

The adjuster isn't going to accept that doctor release bit, anyway.