I was hurt in a car wreck and hurt my back. The insurance adjuster for the other driver wants to know if I ever had any back pain in my life before the wreck. I don’t think this is any of her business. Can the insurance find out this information about my medical history?
No, she cannot, unless you tell her or you sign a medical authorization which gives her the right to look at your medical and pharmacy records.
However, your prior medical history that is related to the injuries you claim in the wreck is relevant in resolving your claim, and if you don’t give the insurance company the right to see your medical records you will have difficulty getting your bills paid and getting the other compensation the law permits you to recover. The insurance company wants to determine whether you had any prior complaint or injury to the same body part. It also wants to see if you have any other medical condition that it can argued contributed to the accident or can otherwise be used to diminish the value of your case.
An experienced personal injury lawyer can guide you through this process. He or she can tell you whether you should sign a medical records release and can help you give truthful answers to questions asked by the insurance company.
I would advise you not to give the insurance adjuster a right to receive your medical records without consulting with an attorney first.