After an accident in Texas, you might get a call from the other driver’s insurance adjuster asking you to sign a medical release form. They may claim it’s just a routine step to process your claim. However, signing a medical release too soon after a Texas accident can jeopardize your injury claim and privacy. Learn why and how a Houston injury lawyer can help. Before you sign anything, call the Adley Law Firm for guidance on protecting your rights.
Why Insurance Adjusters Want You to Sign a Medical Release
Insurance companies often push accident victims to sign these forms early to minimize their payout. By gaining broad access to your medical history, they can look for excuses to argue that your injuries aren’t really caused by the accident. The adjuster might even claim that signing will “speed up” your claim. Don’t be fooled — giving them unrestricted access to your records helps them, not you.
Pre-Existing Conditions Can Be Used Against You
A blanket medical release lets the insurance adjuster dig through your entire health history. Suppose you injured your back in a Houston car crash. If the adjuster finds a note about back pain from years ago, they might insist your current back injury was pre-existing and not caused by the crash. Even if you had prior health issues that were aggravated by the accident, the at-fault driver is still responsible for the new harm. But once the insurer has all your records, they can twist that information to minimize your claim.
Incomplete Medical Records Paint an Unclear Picture
Signing a release form too soon—before you’ve finished treatment or fully healed—means the insurance company sees an incomplete picture of your injuries. You might not know the full extent of your injuries right away, as some harm isn’t obvious until days or weeks later. If the insurer evaluates your claim using only initial medical records, they could undervalue or ignore complications that surface down the road. Once you settle, you usually can’t go back for more.
You Are Waiving Your Privacy Rights
Your medical records are confidential. Under HIPAA, the federal health privacy law, medical providers cannot release your health information without your consent. By signing the insurance company’s release, you waive that right and allow the insurer to collect all your medical records – even those unrelated to the accident – and potentially misuse them to challenge your claim. Remember, the insurance company only needs records relevant to your accident injuries, not your entire medical file.
Signing Too Early Can Weaken Your Claim
Handing over your records too soon gives the insurance adjuster an opportunity to misinterpret details and challenge your case. For example, if you waited a week after the accident to see a doctor, they might argue that the delay means your injuries weren’t serious. Ultimately, signing a broad release undermines your case – the insurer gains the upper hand and you lose leverage to demand a fair settlement.
Protecting Your Rights After a Texas Accident
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Refuse to sign anything right away. Politely decline any blanket authorization that would give the insurance adjuster unlimited access to your records. You can agree to provide the necessary medical documents once your doctors have a clear picture of your injuries, but there’s no reason to sign away access to your entire history upfront. In Texas, you’re not obligated to hand over all of your medical history – only the relevant treatment records, and only at the appropriate time.
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Consult an experienced personal injury attorney. Before you sign any paperwork from the insurance company, talk to a lawyer. An experienced attorney can handle these requests for you. They will gather and send only the medical records that are truly necessary, and only when the time is right (typically after your injuries have been fully evaluated). This ensures the insurer gets what it needs to evaluate your claim without seeing unrelated details that could be used against you. Having a lawyer in your corner often leads the insurance company to take your claim more seriously and treat you more fairly.
Contact the Adley Law Firm for Help
If you’ve been hurt in an accident in Houston or anywhere in Texas, don’t risk your claim by signing away your rights too soon. The Adley Law Firm – based in Houston and serving clients across Texas – can guide you through the aftermath of an accident. We offer free consultations, and you pay nothing unless we win. Our team is bilingual (English and Spanish) and ready to help. Contact us today to discuss your legal options and let us fight to protect your rights and get you the compensation you deserve.
