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 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? ›

When initially underwriting a life insurance policy, life insurance companies sometimes check up to 10 years of an applicant's medical records.

Should I release my medical records to the 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.

Why do life insurance companies ask if you have other insurance? ›

Life insurance companies ask about other insurance policies to assess the overall risk they are undertaking when insuring an individual. Knowing about other policies helps insurers determine the policyholder's financial exposure and ensure that the coverage amount is appropriate.

Why do insurance companies want medical records? ›

Medical records are key evidence in personal injury cases like these, so as soon as you file a claim against the other driver's insurance, an adjuster will contact you with a release request. They'll tell you they need these records to verify your injuries and process your claim, which sounds reasonable.

Why do insurance companies review medical records? ›

Medical record review is particularly important for insurance companies because it provides them with the necessary information to determine the amount of the claim that they are responsible for paying. Insurance companies are often required to pay for medical expenses related to an insured's injury or illness.

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 happens if you lie about not having health insurance? ›

Insurance fraud is a felony punishable by up to five years in state prison and a $50,000 fine.

How does life insurance verify medical history? ›

If the underwriter still has questions after looking over the results from your medical exam, they might request an attending physician's statement, or APS. The insurance company will request this directly from your medical provider. It can either be a summary of your health and medical history or complete records.

What not to say when applying for life insurance? ›

For example, applicants might lie about their age, income, weight, medical conditions, family medical history or occupation. It's also relatively common for applicants to lie about their alcohol or drug use.

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

Due to state and federal privacy laws, an insurance company must obtain a claimant's written permission in order to access medical records. While an injury victim has the right to refuse permission, doing so will almost certainly result in denial of the insurance claim.

What is proof of good health for life insurance? ›

Proof of good health, also known as Evidence of Insurability (EOI), is an application process in which you provide information on the condition of your health and/or your dependent's health to get certain types of insurance coverage.

What is the maximum amount of life insurance I can get? ›

How many life insurance policies can a person have? Technically, there's no limit to the number of life insurance policies you can have, but insurance companies will look at your total coverage amount. As a rule of thumb, your coverage typically can't exceed 15 to 30 times your annual income, depending on your age.

What database do life insurance companies use? ›

Health and life insurance companies use MIB's database to verify applicants' health information. Read on to know more about MIB, including the company's history and whether your information is on its database.

How to answer life insurance medical questions? ›

Medical history: Your life insurance application will ask about significant medical conditions you have or have experienced including chronic illnesses, past surgeries or other major medical treatments. Be as specific and detailed as possible about each situation, its duration and your ongoing or past treatment.

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.

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.

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

What is necessary in order to authorize release of medical information to an insurance carrier? A medical release from the patient is needed.

Do insurance companies share information with each other? ›

Do auto and homeowners insurance companies share my information about claims and policies? Yes. There are specialty consumer reporting agencies that collect information about the insurance claims you have made on your property and casualty insurance policies, such as your homeowners and auto policies.

Top Articles
Latest Posts
Article information

Author: Kieth Sipes

Last Updated:

Views: 5359

Rating: 4.7 / 5 (67 voted)

Reviews: 82% of readers found this page helpful

Author information

Name: Kieth Sipes

Birthday: 2001-04-14

Address: Suite 492 62479 Champlin Loop, South Catrice, MS 57271

Phone: +9663362133320

Job: District Sales Analyst

Hobby: Digital arts, Dance, Ghost hunting, Worldbuilding, Kayaking, Table tennis, 3D printing

Introduction: My name is Kieth Sipes, I am a zany, rich, courageous, powerful, faithful, jolly, excited person who loves writing and wants to share my knowledge and understanding with you.