Accident Claim Lawyers
EvidenceUpdated September 2026

Medical records in injury claims

In plain English: medical records are every note, test result, scan report, prescription and letter your doctors, hospitals and therapists have made about you. In an injury claim, they're the main proof of what the accident did to you.

What records usually matter

  • Ambulance and ER or A&E notes from the day of the accident.
  • GP or family doctor notes before and after the accident.
  • Scan and test reports, such as X-ray, MRI and CT.
  • Specialist letters and operation notes.
  • Physio, occupational therapy and counselling records.
  • Pharmacy records showing what you were prescribed.

Your right to copies

US: under HIPAA, you have a right to access your records. Providers must usually respond within 30 days and can charge only a reasonable, cost-based fee.

UK: you can make a subject access request under data protection law. It's normally free and should be answered within one month.

Canada: provincial privacy laws, such as PHIPA in Ontario, give you a right of access, with limited fees.

In practice, your lawyer will often request records for you with your signed consent.

What the insurer can see

Insurers will ask you to sign an authorisation for your medical records. Read it. Some are drafted to cover your entire life history from every provider. The other side is generally entitled to records relevant to the injuries you're claiming for, and usually some history of the same body part, but not unrelated private matters. Your lawyer can narrow the scope or supply the relevant records directly.

Don't sign a blanket authorisation

An open-ended release lets an adjuster trawl through years of unrelated history looking for something to use against you. Ask for it to be limited by date range and body part.

Old injuries and conditions

If you've had back pain before, the insurer will find it. Don't hide it. Courts in the UK, US and Canada generally let you recover where an accident made an existing condition worse, and your records are how you show the difference between before and after. A few quiet years in your GP notes followed by constant visits after the crash is strong evidence.

Check them for errors

Busy clinicians make mistakes: the wrong side of the body, a wrong date, "patient says pain started last year" when you said "last week". Read your records. If something's wrong, ask the provider to correct or add a note, and tell your lawyer.

Next: causation · independent medical examination · claim value workbook.

Related terms

Police ReportA police report (also called a collision report, accident report or crash report) is the officer's written record of a crash: who was involved, where and when it happened, vehicle damage, injuries, witness details and sometimes the officer's view of what caused it.Preservation LetterA preservation letter (sometimes called a spoliation or litigation-hold letter) is a written request telling someone to keep specific evidence, like CCTV, dashcam video, vehicle data or maintenance records, because it matters to a claim.Surveillance EvidenceSurveillance evidence is video, photos or notes an insurer or defence lawyer collects by watching you, usually through a private investigator, to check whether your injuries match what you've told them.Accident ReconstructionAccident reconstruction is the scientific work of figuring out how a crash happened: speeds, positions, braking, timing and sight lines.

General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer