The Short Answer: Generally, no. If the other driver’s insurance company mails you a medical authorization to sign after a Massachusetts car accident, you generally shouldn’t sign it, and you definitely shouldn’t sign it unless you understand exactly what you’re agreeing to. Most of these forms are broad enough to hand over your entire medical history, not just your accident-related treatment.
Hurt in a car accident in Massachusetts? A few days or weeks after a crash on Route 9 in Framingham, the Mass Pike near Natick, or a busy stretch of Route 16 in Wellesley, many injured people open their mail to find a polite letter from the at-fault driver’s insurance company. Enclosed is a form asking for your signature so the company can “evaluate your claim.” It looks routine. It isn’t.
What Is a Medical Authorization or HIPAA Release?
These forms are also referred to as HIPAA releases. Federal privacy law protects your medical records, and a signed release waives that protection for whoever is named on the form. The problem is that when insurance companies send them, they’re typically very broad. A single signature can authorize the other driver’s insurer to request records from every doctor, hospital, pharmacy, physical therapist, and counselor you’ve ever seen—often going back years, sometimes with no expiration date.
In other words, by signing, you could give the insurance company permission to obtain all of your medical records and all of your medical history, including records that have absolutely nothing to do with your car accident.
Why Does the Other Driver’s Insurance Company Want Your Records?
Simple: they want to find other reasons for your injuries and your pain—anything other than the car accident their driver caused.
Let’s say you had a prior neck or back issue, or a prior unrelated medical condition. The adjuster may cherry-pick those old records to argue that that is the reason you’re hurt, or that is the reason you’re in pain. The goal is to pay you less than you deserve. It’s one of several common adjuster tactics Massachusetts accident victims run into.
“Remember, the insurance company’s job is to protect their interests. My job—and your job—is to protect your interests.” — Attorney Chuck Pappas
Does This Mean My Prior Medical History Doesn’t Matter?
Not exactly. Your prior medical history may well be relevant to your case. Under Massachusetts law, if a crash aggravated a condition you already had, you can still seek compensation for that aggravation. But relevance has limits. You shouldn’t give the insurance company permission to obtain all of your medical history just because they asked.
When you’re represented, your attorney gathers the records that actually relate to your claim, reviews them first, and presents them in context—so the insurer gets what it’s entitled to, and nothing more.
What Should You Do Instead?
- Don’t sign or return the form until an attorney has reviewed it.
- Avoid recorded statements with the other driver’s adjuster.
- Keep treating and keep copies of everything the insurer sends you. See what to do right after a car accident.
- Know the difference between the other driver’s insurer and your own PIP carrier (see the FAQs below).
- Download our free car accident settlement guide for more do’s and don’ts.
Talk to a MetroWest Car Accident Lawyer—At No Risk
From our Framingham office at 639 Concord Street, Attorney Chuck Pappas helps injured people throughout MetroWest Boston, including Framingham, Natick, Wellesley, Ashland, Sudbury, and Marlborough, and drivers hurt along Route 9, the Mass Pike, Route 30, and Route 126. With more than 20 years of experience, he has been named a Massachusetts Super Lawyers honoree six years in a row and a National Trial Lawyers Top 100 Civil Plaintiff attorney.
No Fee Unless We Win
Free consultation, with no obligation.
No money down. Car accident cases are accepted on a contingent fee basis—you pay no attorney’s fee unless Attorney Pappas recovers compensation for you.
So there is no risk in finding out where you stand before you sign anything.
Call (508) 879-3500 or request your free consultation online.
Learn more about our Massachusetts car accident representation, read what past clients say, or browse more answers on our FAQ page.
Frequently Asked Questions
Do I have to sign the other driver’s medical authorization in Massachusetts?
No. Nothing requires you to sign a medical authorization just because the at-fault driver’s insurance company mailed it to you. If your case later goes to court, relevant records are exchanged through a formal process with limits—not through a blank-check release.
What is the risk of signing a broad HIPAA release after a car accident?
A broad release can let the insurance company collect your entire medical history, including records that have nothing to do with the crash. Adjusters can then use unrelated or prior conditions to argue the accident didn’t cause your pain and to justify a lower offer.
Can the insurance company use a prior neck or back injury against me?
They will often try. But in Massachusetts, if a crash aggravated a pre-existing condition, you can still seek compensation for that aggravation. How the prior history is presented matters, which is why an attorney should control what records are shared.
Is a form from my own auto insurance company different?
Yes. Your own policy’s Personal Injury Protection (PIP) coverage generally requires you to cooperate, which can include reasonable authorizations to pay your medical bills and lost wages. Even so, review the scope before signing, and ask an attorney if the form looks overly broad.
How much does it cost to talk to Attorney Pappas about my car accident?
Nothing. Attorney Chuck Pappas offers free, no-obligation consultations. There is no money down, and car accident cases are handled on a contingent fee basis, so you pay no attorney’s fee unless he recovers compensation for you.
