Does the other drivers insurance company have the right to request my medical records?

Question

I was a passenger in a vehicle that was rear ended a few months ago. I was taken by ambulance to the hospital where I was treated and released.  The driver of the other car was cited. Now his insurance company wants me to release my medical records before they will pay the bills.  My medical insurance would not cover the expenses.   What are my rights?  Do I have to comply in order to have my expenses paid?  Can the insurance company use the information from my medical records for something other than my case?   Thank you.

Barry Rabovsky · Answer

You may have a case, based upon the information that you have supplied.

Eugene Critchett · Answer

Generally, if you claim injuries, the insurance carrier will want to review the related medical bills and records; however, you may not need to provide them with a medical release.  You may be able to obtain the information for them.  While I would hope that the insurance company would not use any of the information obtained from you for any other purpose than evaluating your case, I would not be surprised if it was not limited in this way.

Russell Gray · Answer

The insurance company wants your records for two reasons:  (1) so they  can evaluate your injuries (this is what they tell you) and (2) so they  can find a reason not to pay your claim.  You should find an attorney  for this case, to make sure you receive full compensation for your injuries.  I'd be happy to help you.

Josh Lamborn · Answer

The short answer is yes.  In order to properly evaluate your claim the insurance company will want to know what type of treatment you underwent and whether you ever injured this same area of your body in the past.  On a significant case it is unlikely that they will pay out what the injury is worth without a review of your treatment records.  If you were to file a lawsuit the relevant records would have to be disclosed to the defense during the discovery process.  If you decide to allow them to view your records, my suggestion is to get a lawyer and let them order the records and redact portions that are irrelevant first.  If you absolutely do not want to hire a lawyer you should order the records yourself and only send the insurance company the relevant records.  It is my opinion that it would be unwise for you to just sign a blanket release for all of your medical records allowing the insurance company to have your complete medical history since birth.  I don't know what they do with those records, but they would likely go into their computer system and if you ever filed another claim they certainly would have access to your previously submitted records.

Earl Straight · Answer

They will not pay anything until you provide this information.  They are looking to confirm your injuries were solely related to the accident, as opposed to another cause or pre-existing.  There is no way to guarantee that they will not use your records in an improper manner, but as long as you do not send them a medical authorization, they would be in violation of federal privacy laws if they disclose the records to anyone else.  It is standard procedure to send an insurance company all medical bills and records related to an injury when negotiating a settlement.

Theodore W. Robinson · Answer

The insurance company from whom you want money wants to verify what your  injuries were. That's reasonable, isn't it? Once they have the records, they  can likely use it for any purpose they wish.  Why not ask your attorney about this as well. Good luck.

Daniel Hoarfrost · Answer

Usually, medical bills are paid first by your own car insurance under what's called PIP insurance.Later, they are reimbursed by the other driver's insurance.You should contact your agent and start a PIP application.  B.Insurance co.'e won't pay for much of anything without seeing some underlying documentation.So, in order to reach a settlement with them, at some point you'll have to supply chart notes and billing statements for all the medical treatment for your injuries.  Please feel free to call me at the office for a free consultation regarding your injury claim.

Steven Fink · Answer

Standard operating procedure to request records.  They can only be used for purposes of this claim.  If you file suit against the driver of the other car they can subpoena the records as a matter of law.  If you do not file suit you do not have to release the records but they do not have to pay your bills.  In that case the ambulance, hospital and doctors will hold you personally responsible.  I would release the records.

Paul Whitfield · Answer

Sounds like you are trying to handle the case yourself. Don't do that. Get you a good PI lawyer. Yes, when you make an injury claim you open the door. Your medical history is an open book. They are not supposed to use your records for any other purpose but they keep your medical history in common with other insurance companies so that if you ever make a claim they can check their common case histories.

Ronald Lowry · Answer

They probably want you to sign something that would give them unbridled access to all your medical records and possibly other private personal information. I never allow my clients to sign those releases. That said, if you are making a liability claim for personal injury the liability insurer has the right to see those records before settling the case. If your injuries are serious you really need to get a lawyer to deal with this. If the injuries are minor you could, of course, get the records yourself and give them to the insurer.

Vincent Bernabei · Answer

To prove your injuries, you have to produce copies of relevant medical records.  Relevant medical records are those that relate to the same injury or body part that was injured in the accident.    Your driver's car insurance company should be paying all of your medical bills (up to 1 year or $15,000).    You need an attorney.

Shawn Hooks · Answer

In Ohio if you are seeking to have your medical bills reimbursed from another party's insurance they have a right to a reasonable inspection of your medical records to substantiate the claim.  They can go back in time to be certain that it was not an injury that was preexisting.  However, that being said, they can only access what is reasonably related to your claimed injuries.  An example would be if you are claiming back, neck and head injuries they are not entitled to medical records from your gynecologist that are fifteen years old.  When dealing with insurance companies you should be sure to consult an attorney to be sure that you are being compensated fairly and that you factor in all the things that you should be compensated for.

Paul Bovarnick · Answer

Yes.  The insurance company for the other driver can insist on seeing your medical records before they pay any money to you or for your bills. You contact me or another experienced lawyer in your area for further advice and assistance.  The call is free, whether or not you decide to hire a lawyer.

Francis Paul Hajek · Answer

One of the most helpful services provided by an injury lawyer is the collection medical payments expenses for the client.  Our firm does not even charge a fee for this service.  As you are discovering, dealing with an insurance company can be frustrating.  I think that the company is entitled to documentation of the bills and the services provided.   The records should not be used for any other purpose.  The refusal of your  health insurance to cover the bills is another issue.  You may need to retain a lawyer to assist you with this claim.  Good Luck.

New User · Answer

You will need to release your records related to this injury if you intend to make a claim. I am not certain why your medical insurance did not pay. They should pay unless you have medical coverage for people in your car. They cannot refuse to pay because the other driver has insurance. They must pay and then seek repayment from the other drivers insurer, if you do not have medical coverage on your car. I hope this helps.

Jared Altman · Answer

Under New York law it is NOT the other insurance company that should be paying your medical expenses. It is the insurance company for the car that you occupied. You file your claim with your own insurance company for medical bills, lost wages, etc. You go after the other driver and owner, and hence their insurance company, if you are claiming property damage (no medical release required) or personal injury damages (i.e. pain and suffering). If you are making a claim for personal injury damages, then you must really consult with a lawyer before you even communicate with the other insurance company in any way. For Heavens sake, dont give them a recorded or written statement!

Bernard Huff · Answer

You need to retain a personal injury attorney to legally advise you and protect your rights, which includes the obtainment of compensation for your injuries and loss of income. The insurance company should keep your medical information confidential when and if you provide it.

James Kelaher · Answer

In Florida each driver is supposed to carry PIP insurance which will pay his bills. If you are making a claim, then they would have the right to get the medical records for the treatment for which you are seeking to claim for medical bills.

Joseph Lipsky · Answer

As Florida is a "no fault" state, your own insurance company is required to pay 80% of the first $10,000.00 of your medical bills from a car accident.  If you intend to make a claim against the other driver's insurance company for anything other than the remaining 20% of your medical bills, such as for compensation for your pain and suffering, we certainly suggest you contact an experienced personal injury attorney before you sign any general authorization from the other driver's insurance company.

Mark Leonardo · Answer

If you make a claim for medical injuries, they have the right to insist on your medical records for this injury only.  They often seek all records.  For example, you may have been going to Dr. X for the past 10 years for what ever reason.  They this happens and you go to Dr. X for treatment.  They are absolutely entitled to the medical records for the incident from Dr. X, but their requests almost never have date limitations on them. If it was in court, they would try to do the same thing, but you can get a protective order unless theres some indicaction that you were treated in the past for the same part of your body that was injured in the accident.  Your right of medical privacy is very strong, but not as to the injury from the accident.    If you are doing this without a lawyer, they will send you a medical release.  I recommend that you hand write on there that it is limited to records from the date of the accident going forward ONLY.  The insurance company has no reason to use your medical records for any other reason.  You should not be concerned about that.

David Stoddard · Answer

The insurance company owes a duty to its insured (the at fault driver) to defend any claims or lawsuits brought against its insure.  It also has a duty to make reasonable efforts to settle all claims.  Ultimately, you have a right to sue in court to recover any damages that you suffered in the accident.  You have the burden of proof, which means that you have to produce medical bills to prove that you have incurred the costs of medical treatment.  You also have to produce some medical evidence that your medical bills were caused by the accident. To settle outside of court, this means you have to provide medical records showing that the medical bills are for an injury caused by the accident.  You do have a right to refuse letting them have access to your medical records.  They have a right to refuse to pay you.  If they do not pay you, you have to file a lawsuit to collect your damages.  In a lawsuit, they have a right to get access to your medical records, employment history, your sex life,  hobbies, names and addresses of relatives, etc.  I would not worry about giving them access to the medical records and bills that you are asking for them to pay for.  While you have a right to refuse, no insurance company will pay without the medical records and medical bills

Russell West · Answer

You should hire a personal injury attorney to represent you in this case. An attorney will request all your medical records and bills and submit with a settlement demand to the insurance.  You are entitled to medical costs, wage loss, pain and suffering, loss of enjoyment, etc.  I would not just let the insurance pay for medical.  It is not a problem to let the get your records but they won't pay anything until the case is settled.  If you have medical insurance they should be paying your bills and then are entitled to reimbursement at time of settlement.

Bradley I. Kramer · Answer

They can request your medical records if you're asking them to pay for your  bills.  They cannot use these records for any other purpose.

Travis Prestwich · Answer

The short answer is yes, the other party's insurance doesn't have to pay bills until you show proof.  However, the car in which you were riding should have coverage to pay bills related to the accident.  This is called personal injury protection or PIP.  If for some reason there is no PIP, your medical insurance should cover the bills.

Lyle Masnikoff · Answer

Yes you will have to sign release.  No try won't use for anything other than thins related to your case.

William Allen · Answer

They want your records to see that your treatment was related to the accident. No, they can't use your records for another purpose.

Richard Lowell · Answer

They are not entitled to your medical records - but they don't have to pay your medical expenses either.  Assuming you have your own auto insurance coverage, you should ask them to pay your medical expenses under your PIP coverage.  (This may be why your medical insurer wouldn't pay.  The medical insurer typically won't pay if you have available PIP coverage.  Once the PIP coverage is exhausted, the medical insurer will normally step in and start paying.)  Once you are ready to settle your entire claim - after you are better - the other driver's insurance company will want to review your medical records.

Eric Rothstein · Answer

Yes; you are trying to get your bills paid under a no-fault insurance claim. They have a right to see the records.

Timothy Klisz · Answer

If you want the bills paid, then you have to release the records. They have a right to determine whether the bills are related to the accident. I doubt they would do anything else with the records.

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Does the other drivers insurance company have the right to request my medical records?

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