QUESTION
Was I wrong to sign the medical release form the insurance company sent me?
Asked on Mar 26th, 2013 on Automobile Accidents - Illinois
More details to this question:
I was rear ended in a car accident and sub stained injuries. I was transported to the hospital and diagnosed with whiplash and acute back pain. The plaintiff’s insurance company said they needed me to sign a medical release form before they could apply the claim.
10 ANSWERS
You would be the plaintiff. Either the defendant's insurance company requested the release, or a co-plaintiff. You need to consult a good personal injury attorney to deal with the situation. You might be able to rescind the release.
Answered on Apr 01st, 2013 at 2:10 AM
Ronald A. Steinberg
If you do not have a lawyer, you should get one immediately. Your claim does not sound like a "biggie," but you still need someone to protect you from the system. If you gave the other guy's insurance company permission to look into YOUR medical records, that was dumb. If you gave YOUR insurance company permission, that was okay, because they need to know whether or not they should pay the bills.
Answered on Mar 31st, 2013 at 8:02 PM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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No. Insurance companies need to document the claims that they handle. A claim will probably not be settled without records.
Answered on Mar 26th, 2013 at 11:59 PM
Car Accidents Attorney serving Beaverton, OR
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Weimar Law Offices
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I always advise clients never to give an open ended medical release to the at fault driver's carrier. They are not entitled to see all of your medical records. If you were injured, I strongly urge you to hire a lawyer immediately. Lawyers in this area of law charge a percentage of any recovery they obtain for you, so you do not have to pay by the hour.
Answered on Mar 26th, 2013 at 3:15 PM
Thomas Edward Gates
By signing the release they now have access to all of your medical records, since it is unlikely you placed any restrictions on their form. You need to retain an attorney to protect your interests. DO not talk with the insurance company unless you have your attorney present.
Answered on Mar 26th, 2013 at 2:51 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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The insurance company has a right to ask you to sign a release so they can obtain a copy of your medical records which are directly related to the accident and your injuries from the accident. You can refuse to sign, of course, but then the insurance company can refuse to settle with you because they don't have enough information. If you then sue the other driver, the driver's lawyer hired by the insurance company has the right to compel you to produce these records, anyway, so it makes no sense to deny it to them at this point.
Answered on Mar 26th, 2013 at 2:51 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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If you are applying for Personal Injury Protection (PIP) for your medical bills then you have to cooperate with the that company per your contract. This always includes a medical authorization. You should not sign anything from the at fault drivers insurance company.
Answered on Mar 26th, 2013 at 2:51 PM
Unfortunately many insurance companies bully and trick folks into signing away their rights. There are two different types of releases property companies use - property releases (which only apply to your damaged/totaled vehicle or other damaged property), and general releases, which cover everything. When an insurance company knows you have been injured, they try and get you to sign a general release as soon as possible so they can pay you as little as they have to. I would recommend you consult with a personal injury attorney who can review what you signed and help guide you as to whether you have any additional rights.
Answered on Mar 26th, 2013 at 2:50 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Your OWN insurance company can make you sign a release before they have to pay your medical bills, but the insurance company for the other driver has no right to your medical records. If they told you that you had to sign a medical release before they would repair your vehicle, etc., then they have committed fraud against you and you should report them to the division of insurance, and write them and tell them they no longer have your permission to use the release that you signed.
Answered on Mar 26th, 2013 at 2:50 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Mar 26th, 2013 at 2:48 PM