If you’ve been involved in a car accident or workplace injury, chances are good an insurance company (not yours!) will contact you quickly to “get started” on your claim. The adjuster may sound sympathetic and concerned about your injuries. That’s their job – to convince you that they care and have your best interests in mind. They don’t. After the call, they’ll send you a stack of forms and paperwork they describe as “required” or “standard,” asking you to sign and return them as quickly as possible.
One of those forms is almost always a Medical Authorization. The insurance company may tell you they need this form to verify your injuries. While that sounds reasonable, this type of authorization is often a blanket release that allows the insurance company to access your entire medical history—not just treatment related to the accident.
This is where the danger lies, and why you need to call us before you sign anything.
Insurance companies look for pre-existing conditions so they can argue that your injuries are not related to the accident, but instead are old or chronic issues. They may try to claim that you were already hurt before the collision or workplace incident, even if you were fully functional and symptom-free. In some cases, unrelated medical information can even be used to attack your credibility.
Once you sign a broad medical authorization, you cannot undo it. The insurance company may use years—even decades—of medical records in an effort to reduce the value of your claim or deny it altogether.
Three Critical Steps to Remember After an Accident
- Do not agree to give a recorded statement. Your words can be taken out of context and used against you later.
- Call us first. Let us handle the insurance adjusters and protect you from costly mistakes so that you can focus on your recovery.
- Do not sign any forms until we review them. What seems routine can have serious consequences for your claim.
We strongly encourage you to contact us as soon as possible after an accident. At Fulton & Barr, we can help control which medical records the insurance company can access—and just as importantly, which records they cannot. And we can protect you from all of the tricks insurance companies play in an effort to reduce your compensation.
I have been practicing personal injury law since 1989, and Fulton & Barr has served injured clients for over 30 years. Our firm has successfully represented individuals harmed in motor vehicle collisions, workplace accidents, slip and fall accidents and more. We understand the tactics insurance companies use to protect their bottom line. And we know how to win.
Our job is to protect you—your health, your rights, and your case—and to fight for every dollar of compensation you deserve. If you ever find yourself in this situation, know that the experienced team at Fulton & Barr is here to help and ready to stand between you and the insurance company.