Despite the neighborly and supportive persona often projected in their advertisements, insurance companies' primary objective isn't your wellbeing; it's profit maximization. Their fundamental business model is based on collecting more in premiums than they expend on claims. Unfortunately, this profit-centric approach frequently results in practices that may not align with the best interests of those filing claims.
One such practice is the request by insurance companies for claimants to sign a general medical release. On the surface, this might seem like a routine step in processing a claim. However, it gives the insurance company extensive access to the claimant's entire medical history, without any restrictions on time or scope.
Of course, this strategy is employed to minimize claim payouts. By delving into decades of medical records, insurance companies seek evidence of pre-existing conditions or past health issues. They then use this information to contend that the injuries are not solely due to the recent accident, but are partly or wholly attributable to historical health problems.
Such an extensive examination of one’s medical history is not permissible even after a lawsuit has been filed. In litigation, the rules of civil procedure ensure a fair discovery process that balances the defendant's right to investigate potential defenses with the claimant's right to privacy and right to be free from excessivly burdensome requests. Typically, courts limit the defendant's access to records that pertain to the treatment of the same body areas injured in the accident, and this access is usually restricted to a period of 7-10 years before the accident.
So, the takeaway is simple:If you're an accident victim, you should refrain from signing any general medical release forms offered by the opposing insurance company. Regardless of the outward friendliness or apparent helpfulness of the insurance adjuster, signing these forms can severely undermine your claim and invade your privacy. These releases grant insurers wide-ranging access to your medical history, which they may use to diminish the legitimacy of your claim.
The most prudent course of action is to enlist the services of a seasoned personal injury attorney. An experiencd lawyer will not only be well-versed in the tactics of insurance companies, they will be equipped with the expertise to effectively counteract these strategies.
If you or a loved one has been injured in an auto accident, contact Phillips & Associates for a free consultation today. You will immediately be put in touch with John Phillips or Patrick DiFilippo, who can help determine whether you have a case and advise you on the best course of action moving forward.