They are definitely not entitled in California to see any psychiatric or drug abuse records unless you are alleging a mental injury, and they are only entitled to see medical records that might be relevant [injuries effecting the same parts of your body or functions]. The Release you sign should have that restriction and the requirement that you get a copy of all the records and that the Release is good only for same the last ten years and expires within 6 months. The problem is, that the medical provider will not go through the records and only give them relevant, non-protected information, they will just turn over your entire file for copying. They are not legally obligated to settle with you and will not unless they see the records, unless you are asking for less than the case is worth. If you file suit, they will be able and will subpoena all your medical records. So you do not have much of a choice if you want to settle. But first see a couple of personal injury attorney, the initial visit is free, and find out roughly how much your case is worth.
Answered on May 25th, 2015 at 11:46 PM