Why does insurance company want 10 years of medical records after auto accident? Can they use this against me?

Question

I was recently in an auto accident and sustained minor soft tissue injuries. I was told it was cervical sprain and a rib out, although I'm still not exactly sure how that is possible. Anyway, the insurance company wants me to sign a paper allowing them access to the past 10 years of medical records. Is this normal and should I sign this? I'm almost 40 and have had back issues unrelated to this accident for a while. This accident just tweaked things and made my neck and one side of my back hurt again. Will they try to not pay and say that since I've had back issues due to scoliosis for some time, maybe the accident didn't cause this? I'm just really afraid that if I sign something, they will find a way to use it against me. Any advice?

Answer 1

Well it could also possibly be that they don't want you coming back on them in a few years stating that you were in a accident and didn't get any thing to help with your pain and suffering.. Alot of laws have changed since my accident.. Maybe check with An Attorney on this one, I'd hate to see you loose your insurance or whatever.. they possibly could also say that your injuries are "Pre existing" so there for they don't feel liable to cover any medical?? Im not sure just a thought though insurance in itself to me is a huge rip off... They don't mind charging the bill, but they hate if you have a claim with it.. GOOD LUCK

Answer 2

They are asking you to sign a medical authorization which allows them to get copies of your medical records. If you don't sign it you aren't going to get paid a dime on your injury claim.

Obtaining the prior medical records is standard procedure and has been allowed by courts for decades. The insurance company has a legit right to see if you have had any prior injuries to the areas that were injured in this current accident. Prior injuries can certainly affect the amount you will be paid, but not always.

The company will review the records and ask your doctor or "an independent doctor" (who really isn't independent) to write an opinion about if your prior injuries or medical conditions made it more likely for you to be hurt in the car accident. Having prior injuries or medical conditions doesn't automatically mean your claim will denied without payment, but it can mean that you won't get as much as money as you would have without the prior stuff.