Why You Should Not Sign Medical Releases After an Accident?

A medical release form, often referred to as a liability waiver, is a legal document that authorizes the at-fault driver’s insurance company to access your medical records. This allows the insurer to assess the severity of your injuries and the potential compensation required. While this is a common practice, it is essential to understand that you are not obligated to sign such a release, and doing so could negatively impact your ability to recover full compensation, along with other unintended consequences.

Before signing any form, particularly a liability waiver, it’s crucial to consult with an experienced attorney. Doing so will ensure your rights are protected. At Rebenack Aronow & Mascolo L.L.P. (RAM Law), our Somerset County personal injury lawyers are highly skilled litigators with years of experience negotiating with insurance companies. We have recovered millions of dollars for our injured clients and are here to fight for you.

Why Should I Refuse to Sign a Liability Waiver?

Signing a liability waiver can significantly hurt your case and may ultimately help the insurance company avoid responsibility for your injuries. Once you sign the release, pursuing further compensation for your injuries or losses can be difficult. Here are several key reasons why you should consider not signing a medical release form in New Jersey:

1. Compromised Privacy

Medical records are protected under the Health Insurance Portability and Accountability Act (HIPAA), which guarantees the confidentiality of your health information. By signing a liability waiver, you waive your right to privacy and allow insurance adjusters access to sensitive health details. This is one of the most significant risks, as it opens the door for the insurance company to access information that could be used against you in ways you may not expect. Refusing to sign ensures you maintain control over your personal medical data.

2. Unknown Damages

In the immediate aftermath of an injury, the full extent of your injuries may not be fully known. Some injuries, especially soft tissue damage or mental health issues, may not manifest until days or even weeks after the accident. By signing the release too early, you waive your right to seek additional compensation if further issues arise. It is important to wait until you clearly understand your medical situation.

3. Minimizing the Severity of Your Injuries

Insurance companies often attempt to downplay the severity of your injuries. Common strategies include arguing that your injuries are not as serious as they claim or using “pre-existing conditions” to reduce the settlement amount. By signing the waiver, you risk the insurance company using your medical history or incomplete information to minimize the compensation you deserve.

4. Irrelevant Medical History

Liability waivers typically grant the insurance company access to your full medical history, including pre-existing conditions or past injuries unrelated to the accident. The insurance company could use this information to argue that your injuries are not connected to the current accident, reducing the settlement offer or outright denying your claim. Refusing to sign ensures that only the relevant medical records related to the accident are shared.

5. Lower Settlement Offers

Once you sign the release, the insurance company may offer a much lower settlement than you are entitled to. Often, insurers push to settle quickly and for less money by limiting your ability to pursue further claims. They may offer a settlement that doesn’t adequately cover your medical bills, lost wages, or pain and suffering.

6. Nondisclosure Clauses

Many liability waivers include a nondisclosure clause that prevents you from discussing the details of your settlement. This can be problematic if you need to consult with another professional or share information with others in your case. Signing a release could limit your ability to talk about your case and receive advice from others.

7. Liability for Future Medical Bills

By signing the waiver, you may be waiving your ability to seek further compensation for medical bills that arise as your condition evolves. You could be left paying out-of-pocket for any future treatments that stem from the injury, such as ongoing physical therapy, additional surgeries, or medications.

8. Compensation for Defective Work

Signing a release could also mean you forfeit your right to be compensated for defective work related to the accident. For example, if the vehicle repairs were done improperly or didn’t restore the car to its pre-accident condition, you may be unable to seek compensation for those costs.

How Do Insurance Companies Use Medical Records Against You?

While insurance companies often justify requesting access to your medical records by claiming that it’s necessary for evaluating your claim, their real goal is often to minimize or deny your compensation. They use your medical records against you in several ways:

1. Questioning Treatment Necessity

Insurance companies may question the frequency or necessity of your treatments to argue that your injuries are less severe than they are. For example, they may claim you did not seek treatment quickly enough or that the treatments were unnecessary.

2. Gaps in Treatment

Delays or gaps in medical attention following the accident may be used to argue that you weren’t truly injured or that the injury wasn’t related to the accident. Consistent medical treatment is key to proving the severity of your injuries, and any interruption could be used against you.

3. Using Past Injuries

Insurance companies will often use your prior medical history to argue that your injuries were pre-existing or unrelated to the accident. Even past surgeries or treatments for unrelated issues can be used against you.

4. Inconsistent Statements

If your medical records contain contradictory statements or discrepancies, the insurance company can challenge your credibility, questioning your honesty about your injuries.

5. Resumed Normal Activities

If your medical records indicate that you resumed normal activities too quickly or didn’t report ongoing pain, the insurer might argue that you were not as injured as you claim.

6. Mental Health Concerns

If you have a history of anxiety, depression, or other mental health issues, insurers may attempt to argue that these conditions, rather than the accident itself, are the primary cause of your suffering, which could reduce your compensation for emotional distress.

Are There Situations in Which I Should Sign?

In certain situations, it may be necessary or safe to sign a medical release form, but only after consulting your lawyer. In some cases, signing the release may be beneficial to demonstrate the full extent of your injuries, especially if it helps with settlement negotiations. However, only sign a release after your lawyer reviews it, limiting access to accident-related information.

It’s important to document every interaction you have with the insurance company. This includes keeping records of emails, letters, and detailed notes from phone calls. This documentation can be helpful in case any disputes arise later.

How Can RAM Law Help Me with a Liability Waiver Request?

When the at-fault party’s insurance company requests that you sign a medical liability waiver, having a knowledgeable and experienced personal injury lawyer is critical. Liability waivers are often designed to release the insurance company from responsibility for your injuries, reducing or denying your settlement. Signing without legal guidance can jeopardize your case.

An experienced attorney can assess the language of the waiver, negotiate terms with the insurance company, and ensure that your rights are protected.

Somerset County Personal Injury Lawyers at Rebenack Aronow & Mascolo L.L.P. Protect Your Rights From Medical Liability Waivers

After an accident, protecting your rights is crucial. At Rebenack Aronow & Mascolo L.L.P., our Somerset County personal injury lawyers are here to uphold your rights. We’ll protect your privacy, limit the scope of information disclosed to insurers, and fight for compensation. Don’t sign a liability waiver without consulting a lawyer first. Call 732-247-3600 or complete our online form to schedule a free consultation. With offices in New Brunswick, Somerville, and Freehold, we serve clients across Middlesex County, Monmouth County, and Somerset County.