What To Do When An Insurance Adjuster Requests Your Medical Records After A Claim
Once you have filed your personal injury demand letter—this is where you state that you have been hurt and that you believe compensation is warranted—you will likely have to provide copies of your medical files pertaining to the accident. Sharing these files with your lawyer is an important step and helps build your case. A personal injury lawyer from Heuser & Heuser will also advise you on how and when to share files.
As your case develops, the time will come when your lawyer will advise you to share copies of pertinent medical information with the insurance company. The insurance adjuster will evaluate these files to determine how much of your injury, pain, and suffering is their fault, and what they believe to be the long term ramifications of your injury. They use these determinations when deciding whether to settle or go to court, and what they believe to be the value of your claim.
More Medical Information
The insurance company may not believe that the files you share are enough for them to make these determinations. The insurance adjuster may ask for more information—either files not released to them or for clarification on something your doctor wrote.
At the end of the day, up until (if) your case goes to trial, compliance with these requests is not compulsory—meaning it is up to you if you share this information or not. If you think the request is reasonable, then by all means, supply the insurance adjuster with the requested documents. You should inform the insurance company representative, though, that they will be required to pay any fees for obtaining the copies. If they still want the information, ensure you get their agreement to this in writing.
If you think the request is unreasonable, you are allowed to tell the insurance company “no.” If you don’t feel comfortable making the determination on the reasonableness of the request, this is an excellent time to consult the expertise of your law team. Your personal injury lawyer will evaluate the request, but they will likely tell you that declining to share the information is in your best interest.
Contacting the Doctor
An important item to note throughout this process is that YOU should supply the medical documents. You should be the one to contact the doctor with the request and have all documentation sent to you or your personal injury lawyer for review, prior to release to the adjuster. Under no circumstances should you give written or even verbal permission for the insurance adjuster to contact your doctor directly.
If the adjuster contacts the doctor directly, and you have given consent for them to do so, the adjuster now has access to your full and complete medical history, something they have no business reviewing. While unethical, some adjusters could use this to find past information to build their case against you, or to embarrass or shame you. Regardless of how nice they seem, be firm in this instance; this is about protecting your medical history and your privacy, well within your rights.
A Personal Injury Lawyer Can Help
Throughout this process, having a skilled and experienced personal injury lawyer like the ones at Heuser and Heuser is sure to help put your mind at ease. Colorado law governing personal injury cases can be confusing, having someone trained to understand your rights is vital. Your personal injury lawyer will explain to you, along the way, why the insurance adjuster is asking for certain things, what information you should release and why, and will help to ensure that your records are not used against you during the court proceedings.
If you live in the greater Colorado Springs area and have been injured in an accident, don’t let the complexity of the law, or a seasoned insurance representative confuse you. You have the right to maintain your privacy while seeking compensation for your injuries. The personal injury lawyers at Heuser & Heuser have been defending the rights of Colorado residents for over 30 years. Call them today to help you win your case, without losing your dignity.
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Frequently Asked Questions
How Do I Know What My Injury Case Is Worth in Colorado Springs?
There are a variety of things we look at when evaluating your case and determining its value.
We look at how the accident occurred: How did someone else’s carelessness lead to the accident? Did your actions also contribute to the crash?
We also look at what sort of injuries you sustained: Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills?
We look at lost wages: Did you lose your job? If you have permanent work restrictions due to the accident, you may not be able to find a job very easily in the future.
These are only some of the factors that we look at in evaluating a claim. You may have additional losses to account for in a claim, and sometimes additional evidence or expert witnesses will be needed to support an evaluation.
At Heuser & Heuser, LLP, we can identify those factors during a free case evaluation, during which you tell us your story so we can take the first step in building a legal strategy at no financial risk to you.
Every case is unique and different. That’s why our lawyers at Heuser & Heuser, LLP give each case personal attention during case reviews and evaluations for potential claims.
Do You Usually Win Good Settlements for Your Clients in Southern Colorado Personal Injury Claims?
At Heuser & Heuser, LLP, we have a strong track record of positive case resolutions for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements.
We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases.
Each case and client has different needs and options, and we’ll do whatever it takes to take care of our clients. We can identify the right path for your case during a free case evaluation.
Why is it Important to Hire a Lawyer for a Personal Injury Claim in Colorado Springs?
Insurance companies are in business for a reason: to make money.
Anytime the insurance company is paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks.
Quite frankly, you do need a lawyer to help you through this because your lawyer will stand up for your interests and seek proper compensation on your behalf.
See What Our Clients Say
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Our Attorneys
Gordon J. Heuser, Esq.
As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 40+ years.…
Brennan D. Heuser, Esq.
Brennan Dale Heuser is a Colorado Springs native who enlisted in the U.S. Army in…
Shannon R. Colt, Esq.
Shannon Colt isn’t your typical attorney. Originally from Idaho, she moved to Colorado Springs as…
Ask a Question,
Describe Your Situation,
Request a Free Consultation
Contact Us And We’ll Tell You Everything You Need To Know!
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Injured? Contact Heuser & Heuser, LLP. We Are Committed to Providing Southern Colorado Tailored Legal Guidance and Peace of Mind On the Road To Recovery!
- Tell us your story during a free consultation
- We will tell you if you have a case and assess potential value
- Our personal injury attorneys can handle the insurance companies
- Our experienced Colorado trial attorneys will seek a settlement for the money you need while you recover, and we will represent you in court if it is necessary to pursue fair and appropriate compensation for your injuries and expenses
- You only pay us if we win money for you
- You focus on your physical recovery and your life
Professional Associations
Our Recent Blogs
How a Speeding Truck in Colorado is Putting You at Risk
It happened in seconds. You were driving along I-25 through Colorado Springs when you noticed…
How a Colorado Wrongful Death Suit Works
If your loved one died because of someone else’s actions, you may be able to…
Who Pays for the Rental Car After an Accident in Colorado?
After a car accident in Colorado, you’re not just dealing with a damaged vehicle. You…
Want To Learn More About Your Colorado Car Accident Case? Download Our E-Book for Free!
We wanted to find a way to make your car wreck case even easier for you. That is why we wrote this guide that will provide you with the information you need to know about your car accident case.
As car accident law professionals, we have seen too many individuals lose out on their potential maximum compensation. Don’t miss out on the settlement you need!
In this book, you will learn how to:
- Avoid the key mistakes that can derail your claim
- Know what you should and shouldn’t say if an insurance adjuster contacts you
- Understand the dos and don’ts of social media after a crash
- Position yourself to pursue full and fair compensation for your injuries
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Our Locations
Heuser & Heuser, LLP
Colorado Springs Office
Our Newsletter
Subscribe to our newsletter, and you’ll get the latest news, delivered right into your inbox each month.