Should I Release My Medical Records to the Insurance Company After a Car Accident?

After a car accident in Chicago, you may receive a call from an insurance adjuster asking you to sign a release form to give them access to your medical records. This request often comes within days of your crash, when you are still dealing with injuries and vehicle damage. While the adjuster will likely present this as a routine requirement, there are some hidden risks to signing this form. No matter what they may imply about this form, you do not have to sign it without first speaking with your attorney. Signing a blanket medical release can permanently harm your ability to recover fair compensation for your injuries.

At Cooney & Conway, our knowledgeable Chicago-based injury attorneys have helped thousands of car accident victims navigate these complex insurance tactics. We are very familiar with how the insurance companies may use your medical records to minimize claims, and we know how to protect your privacy while building a compelling case on our behalf. Our trusted law firm always fights for the maximum possible compensation for our clients.

Not sure if you have a case? You can call us 24/7 or fill out our quick and easy confidential online form to request a free case review, and one of our attorneys will call you back. There is no cost or risk to you.

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Is It Legal for the Insurance Company to Request Access to My Medical Records in Illinois?

Insurance companies do have the legal right to request medical information related to your car accident claim in Illinois. However, they cannot demand unlimited access to your entire medical history simply because you filed a claim. Their authority has specific limits under state and federal law.

The insurance company can legally request records that directly relate to the injuries you sustained in the car accident. This includes emergency room visits, diagnostic tests, treatment records, and ongoing care for accident-related injuries. They may also request records showing your medical condition immediately before the accident to establish a baseline for your health.

What insurance companies cannot legally do is force you to sign a blanket authorization that gives them access to unrelated medical information. Your mental health records, reproductive health information, and treatment for conditions unrelated to your car accident remain private unless directly relevant to your claim.

Illinois law requires that any medical record request be reasonable in scope and limited to information necessary to evaluate your claim. Insurance companies who demand excessive access may be violating your HIPAA privacy protections. Unless you sign “carte blanche” access to your medical records, you decide who can see them.

How Do HIPAA Laws Protect My Medical Privacy?

Insurance companies often present medical release forms that are too broad in scope, lack specific expiration dates, or fail to clearly explain what information will be shared. You are not required to sign authorizations that do not comply with HIPAA standards. We do not recommend signing a release without first having your attorney review it.

HIPAA requires that medical record releases be written in plain language that clearly explains what information will be shared, with whom it will be shared, and for what purpose. The authorization must also include an expiration date and cannot be open-ended.

Why Does the Insurance Company Want Access to My Medical Records?

Insurance companies request medical records for one primary reason: to find ways to reduce the amount they pay on your claim. While they may present this request as a standard procedure, their true goal is to discover pre-existing conditions or unrelated health issues to use against you.

What Is the Insurance Company Looking for in My Confidential Health Information?

The insurance company has the adjuster managing your claim search through your medical history looking for reasons to reduce their responsibility for your medical bills and pain and suffering.

Specific details insurers look for in your medical history:

• Pre-existing Injuries or Medical Conditions: The insurance company wants evidence of pre-existing medical issues, such as prior injuries, chronic conditions, or other health problems that might explain your current symptoms. They want valid reason to argue that your pain and other symptoms existed before the car accident, reducing their responsibility for your medical bills and suffering.
• Injury Severity: Insurance companies use medical records to challenge the severity of your injuries. If your initial injury diagnosis was a severe head injury, they want to see the MRI, CT-Scans and other imaging that proves it, as well as records of ongoing care. They are hoping to find gaps in treatment, missed appointments, or statements in your medical records that do not match the severity of the injuries you are claiming.
• Other Useful Personal Details: Having access to your complete medical history gives insurers the opportunity to find sensitive personal information they can use to pressure you into accepting a low settlement. Financial stress, family problems, or other personal challenges documented in your records can become leverage points during negotiations.

The insurance adjuster managing your claim knows that most people do not understand how their own medical records can be taken out of context and used against them. This is one very good reason why you should consult with an experienced injury lawyer before signing or agreeing to anything.

What Happens If I Sign a Release Waiver to Give Access to My Medical Records?

Signing a blanket medical release waiver gives the insurance company unrestricted access to your entire medical history from all healthcare providers. With this access, the insurer can view records from years or even decades before your car accident occurred. Once you sign this authorization, you cannot take it back or limit what the insurance company can access. As soon as they have this access, the insurance company will take the following steps:

Gather Medical Records From All Your Providers

The insurance company will immediately begin collecting records from every doctor, hospital, clinic, and medical facility where you have received care. They will review everything from routine check-ups to emergency visits, prescription medications, and specialist consultations. This process can take weeks or months, during which your claim remains in limbo.

Speak Directly With Your Doctors and Other Medical Staff

Your signed release also allows the insurance company to contact your healthcare providers directly. They may speak with your doctors, nurses, or other medical staff to gather additional information about your health and treatment history. These conversations happen without your knowledge or presence.

Build a Case to Minimize Their Financial Responsibility

Most importantly, the insurance company will use this comprehensive medical information to build a case to minimize their responsibility for your claim. They identify and argue every possible alternative explanation for your current symptoms in their attempt to minimize their financial responsibility for your injuries.

What Chicago Car Accident Victims Should Do Instead of Signing the Medical Records Release Form

The most important step you can take is to contact an experienced attorney before signing any documents from the insurance company. At Cooney & Conway, our attorneys can review the release form and explain exactly what rights you would be giving up by signing it.

Your attorney can speak with the insurance company on your behalf to determine which medical records they are legally entitled to receive. Typically, you must provide records related to your car accident injuries, including the treatment you received for those injuries. They may also be entitled to a limited review of what your medical condition was immediately before the crash.

If you must provide medical records, your attorney can help you obtain copies directly from your healthcare providers. This ensures you know exactly what information the insurance company will receive, preventing them from accessing unrelated medical details.

How Our Experienced Chicago-Based Injury Attorneys Can Help You After a Car Crash

At Cooney & Conway, we handle all communication with insurance companies from the moment you hire us. This means you do not have to worry about signing inappropriate medical releases or saying something that could harm your claim. We know exactly what information insurance companies are entitled to receive under Illinois law.

Extensive Courtroom Experience

Our attorneys have extensive experience dealing with courts in Illinois and across the country, and we understand how local judges view medical record disputes in personal injury cases. We use this knowledge to protect your privacy while building the strongest possible case for your recovery.

We Protect Your Medical Records While Building a Strong Claim

We work directly with your healthcare providers to obtain the specific medical records needed to prove your claim. Our team knows how to present medical evidence in a way that demonstrates the full extent of your injuries and their impact on your life.

We Dispute Arguments From the Insurance Company

Our Chicago personal injury lawyers also have relationships with medical professionals who can provide independent evaluations of your injuries when necessary. These evaluations focus specifically on your car accident injuries and help counter any arguments the insurance company may make about pre-existing conditions.

We Fight for Full and Fair Compensation

When we represent you, we take over all aspects of your claim so you can focus on your recovery. We handle insurance company requests, gather evidence, negotiate settlements, and prepare your case for trial if necessary. Our goal is to obtain maximum compensation for your injuries while protecting your privacy and legal rights throughout the process.

Injured in a Car Crash in Illinois? Contact Our Trusted Law Firm for Legal Help Today

If you were injured in a Chicago car accident, do not sign any medical release forms until you speak with our knowledgeable attorneys.

Contact Cooney & Conway today for a free consultation! We welcome your questions and the opportunity to give you some answers. Call to discuss your case and legal options today.

Proven Results. No Upfront Costs or Fees to Pay. (800) 322-5573