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 Case Is Worth?
There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We 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 as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.
Why is it Important to Hire a Lawyer?
Insurance companies are in business for a reason: to make money. Anytime they are 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 make sure you’re properly compensated.
Do Cases Settle Without Going to Court?
Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.
Do You Get Good Results for Your Clients?
We do get good results 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. We’ll do whatever it takes to make sure our client is taken care of.
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 35+ years.…
Barkley D. Heuser, Esq.
Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…
Brennan D. Heuser, Esq.
Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…
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. We’re on top of it!
Professional Associations
Our Recent Blogs
Who Is Liable for a Slip and Fall on Ice and Snow in Colorado?
Winter in Colorado can be unpredictable. One day, the sun is melting away the last…
What to Do if Your Uber Crashes in Colorado?
Rideshare services like Uber have made getting around Colorado easier than ever. With just a…
What You Need to Know About the Colorado Dog Bite Law
In the United States, thousands of emergency room visits happen daily due to serious dog…
Want To Learn More About Your Colorado Car Accident Case? Download Our EBook, On Us!
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 critical 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 maximum owed compensation. Don’t miss out on the settlement you deserve! 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.
- Position yourself to collect 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 every week.