Medical Authorization or Medical Release Forms
For most people the process after a collision with your insurance company and any others can be daunting. Many people assume that their insurance company will have their best interests in mind. Although insurance companies have an interest to look after their clients, they are ultimately accountable to their shareholders (the interest of the company, not you). Knowing your rights goes a long way to ensure your interests are #1 throughout the settlement process.
This process get even more complex when injuries are involved. What should you do even if your injuries seem minor – should you speak with the other insurance company? Your insurance company? What should you sign?
There are many situations where your injuries may appear to be slight or ‘minor’ initially, but become progressively worse over time. I’ve seen situations where, for example, someone suffered a herniated disc in their back after a collision (this injury does not show up on an X-ray) and they go about their life as normal. One day when they bend down to pick something from the floor or twist in a certain way, the herniated disc becomes symptomatic and the person goes from feeling fine to significant pain and difficulty instantly.
It is for these reasons (a seemingly insignificant injury becoming seriously painful and disruptive of your day-to-day functioning) that you ought not communicate with the other driver’s insurance company until you have at least had an initial consultation with an experienced personal injury lawyer. An experienced personal injury / accident lawyer should be able to give you some comfort that you have reached ‘maximum medical improvement’ and that it is okay to contact the other driver’s insurance adjuster.
Remember, the only reason that the other driver’s insurance company wants to hear about your injuries and your medical past is so they can blame any current or future problems on whatever is in your medical history. It is very common for both the other driver’s insurance company and your own insurance company to ask you to sign a Medical Authorization (sometimes called a Medical Release).
You are NOT required to sign this document and frankly ought never to sing such a document without first speaking with a lawyer.
The insurance company is not entitled to see all of your medical history (this is true for both the other driver’s insurance company as well as your own insurance company). The Rules of Court state that the insurance company is only entitled to see those medical records of yours that are both relevant and material to your claim. Again, the determination of what to send to the other driver’s insurance adjuster should be done by someone with experience in these matters – at a bare minimum, discuss these issues with a personal injury / accident lawyer.