QUESTION
Does an auto insurance personal injury adjuster have legal right to my medical bills without a signed authorization?
Asked on Jan 23rd, 2013 on Personal Injury - New York
16 ANSWERS
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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The short answer is no.
Answered on Apr 10th, 2013 at 2:30 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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In a word NO
Answered on Apr 10th, 2013 at 2:29 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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No.
Answered on Apr 10th, 2013 at 2:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No. he will pay your claim on the basis of your bills and drs statements so if you want to be paid something you have to cooperate.
Answered on Jan 29th, 2013 at 8:34 PM
Christian Joseph Menard
With all the new HIPPA laws that protect our medical information, including billing, an authorization is required. I cannot imagine your health care provider handing out your information without your approval, or in response to a subpoena. Of course, if you are asking the insurance company to pay your bills, they have a legitimate purpose to review them. If a lawsuit has been filed and the company knows who your health care providers are, the company can go ahead and subpoena them. Any objections you may have would have to be filed with the court so the court can make the decision as to what the company is entitled. Important note, the company is only entitled to the bills that relate to the injuries you are seeking compensation for.
Answered on Jan 26th, 2013 at 11:18 PM
Not for the other side; your own insurance policy may give them the right.
Answered on Jan 26th, 2013 at 11:18 PM
Generally, an adjuster does not have the right to your medical bills under HIPAA without your consent. But, you will have difficulty proving your damages without medical bills.
Answered on Jan 26th, 2013 at 11:04 PM
No - she needs you to sign the authorization before she can get the records/bills. But, you are going to have to turn them over at some point anyways if you are seeking monies, so might as well.
Answered on Jan 26th, 2013 at 11:04 PM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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Maybe Yes, just for medical bills ...No. for medical records, except for some instances in law enforcement, no one has a right for medical records without an appropriate authorization.... a police officer or a prosecutor seeking your medical bills and medical records will probably need a warrant.
Answered on Jan 26th, 2013 at 11:03 PM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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Absolutely NOT. Whether it's the adjuster from your carrier or a third-party carrier they are not entitled to acquire your records without your written authorization. Keep in mind however that adjusters likely will not make an offer to settle your claim without reviewing the medical records regarding your injury or prior conditions and in order to protect themselves against fraudulent claims they will likely insist that the get your records directly from the health care provider.
Answered on Jan 25th, 2013 at 8:58 PM
James Eugene Hasser
No. Health Insurance Probability Accountability Act requires all medical providers to have a signed release from you before they can release records.
Answered on Jan 25th, 2013 at 11:40 AM
Car Accidents Attorney serving Beaverton, OR
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Weimar Law Offices
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Is this your auto insurance carrier, or the carrier for the at fault party. If your own, they are entitled to your medical bills if you want them to pay them under the Personal Injury Protection coverage of your policy. If the other driver's carrier, they are only entitled to medical records and bills that are related to your injuries or related to prior injuries to the same or similar body parts injured in the collision. However, they are not entitled to get the records themselves without a signed medical authorization, or if a lawsuit is filed, a subpoena.
Answered on Jan 25th, 2013 at 11:39 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you are pursuing a claim for personal injuries, yes, but they still need a release from you unless court ordered.
Answered on Jan 25th, 2013 at 9:21 AM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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No, they have to obtain a release from you.
Answered on Jan 25th, 2013 at 9:21 AM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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They certainly have no right to your records without your authorization. You will have to give them that authorization if you want them to consider your claim.
Answered on Jan 25th, 2013 at 9:19 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, an authorization is required, but the adjuster can't do his/her job without the records.
Answered on Jan 25th, 2013 at 9:19 AM