Typically, you should not release medical records to another driver’s insurance adjuster in Virginia for two reasons:
- The other party’s insurance adjuster is not on your side. Their aim is to settle the claim as quickly and for as little as possible.
- They may attempt to use your medical records to blame your symptoms or injuries on something in your past. For example, if you suffered a herniated disc in an accident, the insurer might claim your back pain is related to a back injury you suffered years ago. This might invalidate your claim or allow the insurer to pay you less than you deserve.
Note: There are other tactics used by some insurance adjusters that are not designed work in your favor. They will wait to offer to pay you until you are receiving collections notices and under extreme financial pressure. They may then attempt to persuade you to accept their first offer of settlement so you can begin paying off your medical expenses and avoid damage to your credit.
What to Do Instead of Signing a Medical Records Release
Many insurers will claim they cannot investigate your accident or determine a fair settlement amount without access to your medical records. While they do need access to your records, they only need to see the records pertaining to your accident. When you sign a medical records release, you typically give the insurer access to the entirety of your medical history. This allows them to use nearly anything in your entire record against you.
Instead, run the request by us. We can revise the request to only allow the insurer access to relevant medical records.
Better yet, allow us to gather the records for you.
Compensation for Personal Injury Lawsuits in Virginia
If you have been injured in a car accident in Virginia, it is a good idea to estimate the total amount of damages you have suffered. There are generally two types of damages that are recoverable, including:
- Economic damages – This includes car repairs, medical expenses and co-pays, visits to the doctor, treatment costs, lost wages, and disability.
- Non-economic damages – This may include “pain and suffering” and inconvenience, emotional distress, and loss of enjoyment of life.
Call Us Today for a Free Consultation
To recover compensation in a car accident, do not start with the release of your medical records to another driver’s insurance adjuster in Virginia. Rather, it may be helpful to hire an attorney who is familiar with personal injury law (particularly § 8.01-243) in Virginia. Call the Parrish Law Firm, PLLC at (571) 229-1800 for a free consultation. Learn how to protect your rights and make an informed decision about your legal options. Act quickly. You only have two years to file a lawsuit.