QUESTION
If a plantiff is suing for an auto accident, can I make them provide medical history from before the car accident
Asked on Sep 09th, 2013 on Automobile Accidents - Washington
More details to this question:
My father in law was driving my vehicle and was involved in an accident. The person in the other car has a lawyer who is requesting 3 times the amount of my insurance policy. My self and the person in the other car just happen to have a mutual friend who has privately let me know that the person suing has had all the medical issues he is suing for in this accident all prior and is now just using this accident to get a pay off on it. If the lawyer does not that my insurance offers and they do end up suing and I end up having to get a lawyer can I request medical records from prior to the accident to show that these were all prior injuries? Please help!
1 ANSWER
Accidents Attorney serving Gig Harbor, WA
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Law Office of Charles J. Brocato
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First, unless this was a family car or you negligently entrusted the vehicle to your father-in-law, you would not be personally responsible for the injuries and damages. Your liability would be limited to your auto policy limits.
Your insurance company has a duty to defend you. This includes hiring an attorney for you. If you are sued, that attorney would obtain all the injured party's prior related medical records.
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on Sep 10th, 2013 at 3:22 PM