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How long do insurance companies keep records?

People involved in personal injury or workers’ compensation cases in Miami and Fort Lauderdale often wonder how long insurance companies keep their claims files and records. I tell all of my clients that they should always assume that insurance companies keep their claims files and records forever and that they can and do access those records after you are injured in an accident and file a personal injury or workers’ compensation claim. The types of claims files and records that insurance companies maintain and have access to include:

  • Medical Records;
  • Medical Bills;
  • Accident Reports – Slip and Falls;
  • Accident and Police Reports – Automobile Crashes;
  • Demands and photos of accidents submitted to insurance companies;
  • Investigative Reports;
  • Verbal and written statements

In today’s digital age, documents can be scanned and kept very easily on computers at very little cost. Therefore, when dealing with an insurance company, investigator or adjuster in a personal injury or workers’ compensation accident case you have to assume that insurance company is in possession of your records and know about any prior accidents you’ve had and/or medical treatment you’ve received.

It’s very important to keep in mind that insurance companies have all of your past medical records and accident history reports. Because if you get in an accident in today’s digital age and you’re approached by an insurance company for a statement and you give them a statement (please remember you should always consult with a personal injury attorney BEFORE you speak with an insurance company representative or provide a statement) but you fail to disclose that you had a prior accident or a prior injury to either that insurance company, an investigator or one of the doctors that you’re treating with for the injuries you sustained in the accident, you will significantly reduce the value of your case.

In fact Florida’s workers’ compensation laws found in section 440.105 provides that it is illegal for an injured worker to knowingly make, or cause to be made, any false, fraudulent, or misleading oral or written statement for the purpose of obtaining workers’ compensation benefits. These false or misleading statements include any statement given to an adjuster verbally or in writing, any statements made to medical doctors as well as any statement(s) made during a deposition or other legal testimony given during the claim. Should an injured worker violate this portion of the workers’ compensation statute the insurance company can and frequently does deny providing the injured worker any additional workers’ compensation benefits.

Speak with a Personal Injury Attorney in Miami or Fort Lauderdale to Discuss Your Rights and Responsibilities

If you have been seriously injured or lost a loved one in an personal injury or workers’ compensation accident in Miami or Fort Lauderdale and have questions or concerns about your legal rights and responsibilities you should contact the personal injury and workers’ compensation attorneys at Payer & Associates today by calling: (786) 509-7484; (954) 463-2111 or 305-854-4442 for your 100% confidential free consultation with one of our aggressive accident attorneys.

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