For the record: Don’t share your medical records!

Any car accident lawyer in Portland OR will tell you that accidents are often times of great stress for both parties involved, and not just for the victims. However sometimes, while it’s true that someone causes an accident, it might be clear that the cause was unintentional. In other situations, clearly negligence by one party is the primarily reason for the accident. Worse still, in some cases the accident could have been avoided.

Regardless of what the specific cause or effect, if you are in an accident it is always advisable to have a Car Accident Lawyer Portland OR represent you. But even before you have the chance to consult and engage a lawyer, there are a few self-help rules that you should be aware of to protect yourself once the case moves from the scene of the accident to the courts. And one of those rules pertains to providing consent regarding your medical records.

Insurance companies, whether it be yours or that of the other party, are always reluctant to pay for a claim, no matter how justified it is. That’s why they employ a number of tactics to ensure your claim is never approved. One of the tactics commonly associated with insurance companies is the use of “dubious methods” to try and gain access to your medical records. And once they have those records, their high-priced lawyers and panels of medical advisors will pour over them to ensure they find “just cause” to deny you a claim. Worse still, in some cases those medical records could also be misused to lay blame for the car accident on you!

A conscientious Car Accident Lawyer in Portland OR will never advise you to willingly disclose your medical records to an agent of the opposing party. However, some of those agents can find you at a vulnerable moment and get you to sign an “Open consent” form. They do this by getting your attention at the scene of an accident, or maybe even at the hospital or at home when you are recovering. They often promise “sweet heart” deals that you can’t resist. In return, all you have to do is sign at the bottom of forms that they place before you.

By law, opposing counsel is not entitled to be privy to your medical records, except for those pertaining directly to the accident. However, an Open Consent would allow your opponents to have much broader access to your medical history. And shrewd and unscrupulous lawyers could use that information against you.

The best defence against getting into this unenviable situation is to never sign any document at the spur of the moment, regardless of how nicely someone asks you to do so. And always insist on having a qualified car accident lawyer review such requests before signing them.

The best car accident lawyer in Portland OR is just a call or click away. Contact Arthur Miller at or call 503.621.9212 and put Mr. Miller’s 28+ years of experience to your advantage!

Pin It on Pinterest