After a car accident, your conversations with a doctor can become part of your medical records through the physician’s notes.
As evidence in your injury claim, these records will be reviewed by your local car accident attorney, any lawyer hired by the defense, and their insurance company. So, anything you say to the doctor after the accident can be included as part of your medical history and used as evidence (either in your favor or against you).
What do insurance companies look for in your car crash medical records?
Insurance companies often review medical records closely, including a doctor’s notes. These notes can include statements you make during an exam. For example, comments about past injuries or downplaying your pain may be recorded in your medical history.
If those statements appear in your records, an insurance company may use them to question the seriousness of your injuries or argue that your symptoms are not related to the accident. This is why it’s important to be accurate and consistent when talking with a doctor after a car accident.
Insurance adjusters comb your medical records line-by-line and look for:
- Statements or indications that could prove that your injury was a pre-existing condition
- Statements by you that reduce the severity of your injuries
- Statements to the doctor that are inconsistent with your other versions of the accident
- Statements that indicate your pain or injuries could be due to other activities (like going to the gym or work)
Insurance companies can be pretty creative when it comes to finding reasons to deny your claim. Don’t let oversharing or speculation on your part be one of them.
What should I say to the doctor?
When deciding what to say to a doctor after a car accident, focus on describing your symptoms clearly and accurately. It is the best way to get the right treatment for your injuries. Car accidents may produce “hidden” injuries, usually soft tissue or organ damage that doesn’t present immediate symptoms. When you tell the doctor you were in a crash, they know to look for signs of these injuries.
The focus of your initial exam and any follow-up treatment should be on the injuries themselves and how the damage and/or pain keep you from completing your everyday activities, going to work, sleeping, or caring for your family.
Simply stick to the facts and keep the focus on your injuries and how they affect your daily life. Remember why you’re at the doctor’s office, and that anything discussed during the appointment may be part of your medical records and accessible to the other party.
Legal advice to protect the integrity of your car accident claim
If you go to the doctor after a car crash or are taken to the emergency room, any of your accident injury-related medical records can be used as evidence in the car accident case. While you should get immediate medical care after a wreck, especially if you’re badly injured, it is important to stick closely to what you’re being seen for and to stay focused on your injuries and treatment, which would jeopardize your eligibility for compensation.
At Shaheen & Gordon, we can advise you of what to say (and not say) when you see the doctor for follow-up medical care and prevent your statements from being misinterpreted by the other side. We work to pursue the full compensation available under the law, including fair consideration for your pain and suffering. Contact our firm today at (800) 451-1002 or contact us online to request a free consultation.
