A liability waiver is a legal document commonly used by insurance companies to evaluate the extent of your injuries after an accident. These waivers often grant the insurer access to your medical records, which they review to determine the amount of compensation you may be entitled to. While signing such a document might seem like a routine step in the claims process, it is essential to understand that it primarily serves the insurer’s interests, not yours.
You are not legally required to sign a liability waiver. Doing so without consulting an experienced personal injury lawyer can compromise your ability to secure compensation for your injuries. The decision to sign should always be made with caution and a full understanding of its implications.
The New Jersey liability waiver lawyers at Rebenack Aronow & Mascolo L.L.P. (RAM Law) are dedicated to protecting the rights of injury victims. With extensive experience negotiating with insurance companies, safeguarding medical information, and recovering millions of dollars for clients, RAM Law is here to help you navigate this complex process.
Why Should You Avoid Signing a Liability Waiver?
Signing a liability waiver can create significant challenges in your personal injury case. Once signed, it becomes increasingly difficult, if not impossible, to pursue additional compensation for injuries or losses that were not fully accounted for initially.
Common reasons to avoid signing a liability waiver include:
Loss of Privacy: Medical records are protected under the Health Insurance Portability and Accountability Act (HIPAA), which safeguards your health information. Signing a waiver may waive these protections, granting the insurer access to sensitive details. Insurers can use this data to downplay your injuries or dispute your claim.
Incomplete Damages: Some injuries, such as internal trauma or psychological harm, may not manifest immediately. If you sign a release too soon, you might forfeit your ability to seek compensation for issues that arise later.
Minimized Injuries: Insurance companies often attempt to argue that your injuries are less severe than they are or that they stem from pre-existing conditions, which can significantly reduce your claim’s value.
Full Medical History Access: Many waivers allow insurers to review your entire medical history, including unrelated medical conditions. This can allow them to dispute the accident’s role in causing your injuries.
Low Settlement Offers: After signing a waiver, you may receive a settlement that fails to cover your full medical expenses, lost wages, or pain and suffering. By relinquishing your rights too soon, you limit your ability to negotiate for a fair amount.
Future Medical Costs: Signing a release may leave you financially responsible for these expenses if your injuries require ongoing care, such as surgeries, medications, or physical therapy.
Conflicts with New Jersey Law: New Jersey operates under a “no-fault” insurance system, meaning personal injury protection (PIP) covers your initial medical expenses. However, insurers may use waivers to limit their liability for costs exceeding PIP coverage.
How Insurance Companies Use Medical Records Against You
When insurers request access to your medical records, they aim to evaluate your claim. In practice, they often use this information to reduce the compensation they owe.
Here are some common tactics:
Challenging Treatment: Insurers may claim certain treatments were unnecessary or excessive.
Citing Gaps in Care: Missed appointments or delays in seeking medical attention can be used to argue that your injuries are not severe or unrelated to the accident.
Highlighting Pre-Existing Conditions: Insurers may point to previous medical issues to suggest your injuries existed before the accident.
Exploiting Inconsistencies: Discrepancies in your medical records can be used to question your credibility or diminish the severity of your injuries.
Dismissing Long-Term Care: Insurers often attempt to deny coverage for ongoing medical needs, such as physical therapy or rehabilitation.
How RAM Law Can Help with Liability Waiver Requests
If an at-fault driver’s insurance company requests that you sign a medical release form, consulting with a skilled personal injury lawyer is crucial. These waivers are often crafted to benefit insurers and restrict your rights.
The attorneys at RAM Law can:
Carefully review the waiver to ensure your privacy and rights are protected.
Negotiate with insurers to limit access to irrelevant medical records.
Advise you on whether signing the waiver is in your best interest.
Coordinate the release of information, ensuring only accident-related records are shared.
Develop strategies to strengthen your claim without compromising your privacy.
New Jersey Liability Waiver Lawyers at Rebenack Aronow & Mascolo L.L.P. Protect Your Rights
Protecting your medical information is critical when recovering from an accident. The experienced New Jersey liability waiver lawyers at Rebenack Aronow & Mascolo L.L.P. are committed to safeguarding your rights and ensuring that insurance companies treat you fairly. To learn more about how we can help, call us today at 732-247-3600 or fill out our online contact form to schedule a free consultation. With offices in New Brunswick, Somerville, and Freehold, New Jersey, we proudly serve clients throughout Middlesex County, Monmouth County, and Somerset County.