When you file a personal injury claim in New York—whether from a car accident, slip and fall, workplace injury, or any incident caused by someone else’s negligence—insurance companies quickly become involved. As part of the insurance claim process, adjusters often request access to your medical records. They may tell you they need your entire medical history to evaluate your injuries fairly. Many injured individuals feel pressured and sign whatever paperwork is handed to them, believing they have no choice.
But do insurance companies really need to see every medical record you have ever created? And more importantly, are they legally allowed to?
Our legal guide explains your privacy rights in New York personal injury claims, why insurance companies request such broad access, and how to protect yourself from insurance adjuster tactics designed to devalue your claim.
Why Do Insurance Companies Request Medical Records?
Insurance companies are businesses, and their goal is to minimize payouts. When they ask for access to your full medical history, it is rarely for your benefit.
Insurance adjusters look for ways to blame your injuries on preexisting conditions, suggest that your symptoms are exaggerated, or argue that your medical treatment is unnecessary. They may also try to use unrelated health information against you. Even a years-old injury or a condition completely unrelated to the accident may be twisted to challenge your claim.
New York Law and Medical Privacy Rights
Under New York insurance law and privacy regulations, including the federal Health Insurance Portability and Accountability Act (HIPAA), you have the right to restrict what personal medical information is shared.
You are not required to grant access to your entire medical history. Instead, you may provide only the medical documentation relevant to your current injuries.
New York’s legal standard for medical disclosure in personal injury cases is based on what is directly connected to:
- The injuries you claim were caused by the accident
- Prior injuries to the same body area (if relevant)
- Treatment records that help prove negligence and damages
Anything beyond those boundaries is typically not required.
Should You Sign a Medical Authorization Form?
After an accident, an insurance adjuster will often request that you sign a medical authorization form or medical release. This document may allow them to retrieve medical records directly from your doctors—sometimes without limitation.
Signing these forms without legal guidance can give the insurance company far more access than they need, including years of unrelated medical history and personal information. A personal injury attorney can ensure that any medical record request is limited in scope and time frame.
Preexisting Conditions and NY Car Accident Claims: What You Need to Know
Having a preexisting condition does not prevent you from recovering compensation. Under New York personal injury law, a negligent party is responsible for worsening an existing injury.
Insurance companies may argue you were injured before the accident, but medical documentation can show:
- Your condition was stable prior to the incident
- The accident aggravated or accelerated the injury
- New medical treatment was required as a result
Properly handling preexisting conditions requires careful documentation and often the support of medical experts.
How Insurance Companies Use Your Medical History Against You
Even minor details can become a reason to deny or diminish your claim. Insurance investigation teams may attempt to misinterpret medical notes or blame all symptoms on earlier injuries. Their strategy is clear: gather information to protect their bottom line.
That’s why protecting your privacy and limiting unnecessary medical disclosure is essential for a fair personal injury settlement.
What Medical Records Are Necessary for a New York Personal Injury Claim?
Generally, only the following types of medical documentation are required to prove negligence and damages: Emergency care records after the accident, imaging such as MRIs or X-rays, treatment notes from specialists, and rehabilitation documentation are typically relevant. These details help show how the accident directly caused physical harm and related medical expenses.
Your Legal Rights to Protect Your Privacy
You can legally refuse broad medical record requests. Injured individuals in New York are allowed to set reasonable limits on what records are shared, including restrictions on dates and providers. Instead of signing a blanket authorization that gives the insurer full access, you have the right to review every request and share only what directly relates to the injuries caused by the accident. A personal injury lawyer can work directly with health providers to gather only what is relevant.
Why You Should Never Handle the Insurance Company Alone
Insurance company strategy is often centered on taking advantage of injured people before they fully understand their legal rights.
A personal injury attorney helps protect your privacy by acting as the point of communication with the insurance company. They ensure that only the necessary medical documentation tied to the accident is provided and that preexisting conditions are not unfairly used against you. With legal support, you remain in control of your medical information.
Proving Negligence Without Oversharing Your Medical Records
To win a personal injury lawsuit or claim in New York, you must show:
- The other party was negligent
- That negligence caused your injuries
- You suffered financial and personal losses
Medical records are only one piece of the evidence used to prove negligence. Your attorney may also rely on witness statements, police reports, employment documentation that verifies lost income, and expert testimony. By combining these types of information, a strong case can be built without unnecessary intrusion into your medical history. Your attorney will build a strong case without allowing unnecessary intrusion into your medical history.
Insurance Adjuster Pressure: How to Respond
Adjusters may use pressure or imply that you are delaying your claim when you decline to sign broad medical release forms. These statements are designed to move the process in the insurance company’s favor—not yours.
If an adjuster insists on overbroad disclosure, you can politely respond:
“I will have my attorney provide the records that are relevant to my injuries.”
This simple statement prevents missteps early in the insurance claim process.
When Medical Records Become Court Evidence
If an insurance dispute leads to litigation, medical documentation may become part of the legal discovery process. Even then, defense requests must remain reasonable and relevant under New York civil procedure rules.
A judge can block attempts to obtain unrelated medical history.
Call Brandon J. Broderick For Legal Help
If you’ve been injured in New York and an insurance company is demanding access to your medical history, you don’t have to navigate the process alone. Brandon J. Broderick, Attorney at Law, has the experience to protect your privacy rights and ensure insurance companies do not overreach.
Our team supports clients through every stage of a personal injury claim, from gathering medical documentation to negotiating fair compensation and taking the case to court when necessary.
Contact us today to speak with a New York accident lawyer who will stand up to the insurance company and fight for the full injury compensation you deserve.