When you file a claim after a Toronto car accident, the insurance company will need information from your medical records to prove your claim.
Since both federal law and Ontario privacy laws prevent them from accessing your records without your approval, the insurer may ask you to sign a medical authorization form granting them permission to access your records. But before you sign a medical authorization form, or any form, for that matter, first consult a lawyer.
Our car accident lawyers can meet with you in Toronto for a free initial consultation. Call (416) 364-2000
Important Information to Consider
In far too many cases, insurance companies use medical authorization forms to gain access to all of an individual’s medical history. This includes records from long before the accident, and that have nothing to do with the injuries.
Some insurers may use this information to take a position that the claim should be denied, or that its value should be reduced. Insurance companies might assert that an individual needs to sign the form as soon as possible to recover compensation, or may tell them that without all of their medical records they cannot process the claim.
Whatever their approach, authorization to access all medical records may give the insurer an opportunity to seek reasons to reduce or deny the claim. They may argue that the injuries are preexisting, for example. They may also argue that the injuries are not as severe as claimed.
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Providing Insurers The Necessary Documents
It is not a good idea for an individual to give the insurance company full access to their medical records unless a Court orders them to do so. A lawyer will advise their clients to refuse to sign authorization forms that grant this type of access, and generally recommend offering only restricted access.
This form of access is intended to provide the medical records related to an individual’s accident and injuries, and to protect their medical records that should remain private. A lawyer can communicate with insurance companies on behalf of the individual.
Contacting a Lawyer
A lawyer can help you manage your claim, negotiate a settlement, or even take the claim to trial if necessary.