You filed a personal injury claim after a wreck and expected the insurance company to ask about your current injuries. But now they’re asking for something else—your past medical records.
That might seem invasive and it should raise a red flag.
The insurance company isn’t just being thorough. They’re trying to build a defense by digging into your medical history. Their goal is to find anything they can use to argue that your injuries weren’t caused by the wreck, or that they’re really just an old problem resurfacing.
Even if a past injury was minor or fully healed, they may try to use it to lower the value of your claim or deny it altogether.
Not when your case is still in the claims stage. If your case hasn’t entered litigation, the at-fault driver’s insurance company doesn’t have the right to go through your full medical history. They’re only allowed to see what we choose to provide—and we make sure that anything we share is directly relevant to your injury claim.
That said, the insurance company isn’t required to settle your case. If they feel they don’t have enough information or that you are being evasive, they may stall or refuse to resolve the claim—potentially forcing you to file a lawsuit. At that point, their ability to request more information expands through the discovery process.
When prior medical issues might matter, we handle it ourselves. We gather the relevant records and evaluate how they relate to your new or aggravated injuries. That allows us to stay in control of your case and protect your interests.
It is important to note that things are a bit different with Uninsured/Underinsured Motorist (UM) claims. Because you’re making a claim against your own insurance company, your policy likely includes a duty to reasonably cooperate with their investigation. That’s why we tend to see more push for past medical records in UM cases.
Not necessarily. Louisiana law follows the “Eggshell Plaintiff Rule,” which means the person who caused the wreck is responsible for the injuries they caused, even if you were more susceptible to being hurt. If the accident made a previous issue worse or caused new pain in the same area, you can still be entitled to compensation.
Our job is to document the difference between your condition before the accident and after—and to make sure that difference is clearly connected to the crash.
When the insurance company asks for your old medical records, it’s not just paperwork—it’s strategy. They’re looking for a way to pay less, not more. That’s why you should never sign broad medical releases or hand over full access without legal guidance.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
When you hire us, rest assured that an attorney handles your case. Your
file won’t be handed over to a junior attorney or secretary. Communication is a cornerstone of our firm.
Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
