After a car crash, the insurance adjuster will ask to see your medical records. They often request files from long before your accident.
Adjusters read these files to check your current treatment plan and care costs. They also look for past health issues, old injuries or joint wear.
The insurance company uses these old details to claim that your pain existed before the crash. This tactic helps them pay you less money or deny your claim completely.
Pre-existing conditions and the eggshell plaintiff rule
Georgia law protects injured victims through a rule known as the eggshell plaintiff doctrine. This rule states that a careless driver is responsible for the harm they cause, even if you had a prior injury.
If a crash makes an old health issue worse, the driver must still pay for that new harm. Insurance adjusters often ignore this rule during settlement talks. They may try to blame your pain on an old sports injury or back strain. Adjusters look for specific items in your past files:
- Old physical therapy visits for the same body part
- Scans that show normal joint wear from age
- Doctor notes about past pain or injuries
Adjusters use these details to try to lower the value of your personal injury claim.
The danger of signing a broad medical release form
Insurance representatives frequently send crash victims blanket medical authorization forms soon after a wreck. Signing these forms allows the insurance company to collect decades of personal health information, including mental health records and unrelated treatments.
You are not legally required to sign a blanket authorization form from an opposing insurance carrier. Providing unrestricted access gives the adjuster direct access to private documents that they will attempt to use against you.
How to protect your compensation and health records
You can control which health records the insurance adjuster sees by restricting access to files relevant to the crash. Working with an attorney ensures that you fulfill legal disclosure duties without giving away your private medical history.