At Donaldson Law, LLC, our personal injury attorneys in Denver understand many factors can affect the success of your claim inside and outside the courtroom.
The major factor in the pursuit of financial recovery for our clients hinges on their injuries. You must be injured to pursue a personal injury claim.
Depending on the severity of your injuries, that means a team of physicians or specialists will review your injuries, outline the medical care required to return you to the quality of life you once enjoyed, and dictate the length of treatment you need, which could mean taking time away from work.
All things combined, your medical records become the cornerstone of your personal injury claim, which means they should not be shared with anyone who is not your attorney.
Here is why.
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Do Not Share Your Medical Records with the Insurance Company After an Accident in Colorado
If you have been injured in a car accident, as a motorcyclist, bicyclist, or pedestrian in Colorado, the negligent party’s insurance company is going to contact you immediately after the collision occurs to get your side of the story.
This is when the insurance representative will begin building their side of the case by asking questions that may implicate you in the collision.
If they can manipulate your responses to strengthen their case, what do you think they will do with your medical records?
According to the Health Insurance Portability and Accountability Act of 1996, or HIPAA, no one can view your medical information without your written approval.
That includes an insurance company or an attorney.
The difference is, the insurance company has a lot of experience pressing accident victims to sign seemingly unimportant documents, like a blanket release agreement, which will give them access to your complete medical history.
The problem becomes, the insurance company is going to thoroughly review your past and current medical records and use any previous injuries or illnesses against your claim.
They could say that your current injuries were caused by a preexisting condition, previous injuries, or even another accident — besides the one you were in with their policyholder.
Insurance companies want to find any reason to avoid paying for your injuries.
Handing over your medical records may give them the ability to undervalue your claim, or worse, deny it altogether.
Do not sign an insurance authorization form of any kind without speaking with an attorney. We will advise you of your legal rights and options to pursue success, including only giving the insurance company access to your current medical records.
Contact Our Experienced Personal Injury Lawyers in Denver, Colorado for a Free Consultation Today
If you have been hurt in a collision that was caused by a negligent driver, contact our personal injury attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation today to ensure your rights are protected throughout the legal process, so you can pursue the best outcome available for your unique case.