QUESTION
Do I need to grant the insurance access to all of my medical records to collect? Why?
Asked on May 28th, 2015 on Personal Injury - Utah
More details to this question:
I was in a car accident about 6 months ago. Our insurance companies determined that the other person was at fault, and the car has been fixed. The only thing that has not been taken care of is I sustained a back injury as a result of the crash. I have been trying to get the insurance to pay my medical bills for months, and now they are asking for unlimited access to my medical records. There are some records that are completely unrelated to the crash that I would rather they did not see, but I really need reimbursement for my medical bills, and I do not want to lose the chance to get a settlement. Do I need to grant them access to all of my records?
14 ANSWERS
Estate Planning Attorney serving Coral Springs, FL
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Andrew G. Rosenberg Esq.
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If you want to negotiate with the insurance company, they want to determine that your injuries are not from a prior condition. Typically, they are able to find out your prior medical records, accidents, etc from a separate data base system. However, you can refuse to give them your prior medical records but then they will probably give you a low offer of settlement.
Answered on Jun 03rd, 2015 at 7:35 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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All of your medical bills should be paid by your insurance company (PIP) and not the at fault insurance. You do need to cooperate with your insurance company and give them access to injury related records. You do not have to allow the at fault driver's ins to see your records until you are ready to reach a settlement. If you have a significant injury, I suggest you retain an attorney.
Answered on Jun 03rd, 2015 at 7:35 PM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
You do not have to provide them with any direct access to to medical records. We always obtain our client's medical records and then send only the relevant ones to the insurance company. You are also entitled to compensation for pain and suffering, emotional distress and possibly permanent injury. Please feel free to call me to discuss the full value of your case.
Answered on Jun 03rd, 2015 at 7:35 PM
Ronald A. Steinberg
Yes. The insurance company does not have to pay for unrelated conditions or preexisting conditions.
Answered on Jun 03rd, 2015 at 7:34 PM
Lisa Hurtado McDonnell
Yes, they need to see if back injury was a result of this accident and that you did have a back injury before. Or that this condition made the injury worse.
Answered on Jun 03rd, 2015 at 7:34 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Yes unless you can show that some cannot possibly involve the same condition, symptom, or part of the body.
Answered on Jun 03rd, 2015 at 7:34 PM
1 Award
I think you should hire a personal injury lawyer to help you with your claim. The lawyer will know how best to handle the issue you are facing.
Answered on Jun 03rd, 2015 at 7:34 PM
James Eugene Hasser
You can try restricting their access to just those providers providing treatment for your back and see if they can live with that. Good luck.
Answered on Jun 03rd, 2015 at 7:34 PM
Thomas Edward Gates
Yes, they have a right to have your medical records. However, you can limit it to just those related to the accident. They need verification of the extent of the injury and the necessity for treatment.
Answered on Jun 03rd, 2015 at 7:34 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Probably you do need to give them access. They need to be diligent to be certain that your claim arises from the accident and not from some other cause. I don't think you need to worry much about embarrassment or disclosure. Like the parish priest, they have heard just about everything. They won't be shocked, and they won't disclose the information to third parties. Or at least they should not, and I am not aware of any violations. You could also discuss with them the parts of your chart(s) you would prefer to keep confidential. They probably will not agree, but you can try.
Answered on Jun 03rd, 2015 at 7:34 PM
Business Litigation Attorney serving Irvine, CA
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Lawrence Bartels LLP
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The insurance company does not have the right to unlimited access to your medical records. For example, if you have a lower back injury from the car accident, they would be entitled to medical records showing prior back and spine injuries, but psychiatric records would be off limits, as would records from when you broke your arm as a child, etc. Only arguably relevant records should have to be produced.
Answered on Jun 03rd, 2015 at 7:34 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You can try to limit your insures access to only relevant pre- and post-crash medical records. If the injuries/treatment is fairly straight forward and likely and logically crash-related, the insurer may allow such restricted access to records to suffice. Sometimes insurers like to get all records to see if they can find prior similar complaints/injuries and use that as a basis to deny the claim. Your insurance policy likely spells out how much cooperation/access you have to give the insurer, and if it does, then you need to follow its terms or the insurer can deny the claim due to non-cooperation. If the policy isn't clear in that regard, the law will say that the insurers requests must be "reasonable". If you and the insurer can't agree on what that means, someone (probably you if they aren't paying) will have to file suit and get a legal ruling on what records they are entitled to. Consulting local counsel that regularly handles these type of matters is typically the smartest thing to do vs. getting internet advice which will always be limited as all pertinent facts of your matter can't be explored and questions can't be asked/records can't be reviewed.
Answered on Jun 03rd, 2015 at 7:34 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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But if this was a car crash, why isn't your insurance company paying for your medical bills? That's what you pay insurance premiums for. That's the part I don't understand. Otherwise, whichever company pays your medical bills wants to make sure they are only paying for the back injury. So, if you went to the dr for the back injury and also got a bunion removed they have to see the records in order to parse out what it is they are paying for.
Answered on Jun 03rd, 2015 at 7:34 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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For your own benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is car insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case.
Answered on Jun 02nd, 2015 at 1:39 PM