Found an issue on this page? Let us know and we will look into it as soon as possible.
What health information from my insurance company is an agent for an personal injury claim allowed to require me to provide?
Anonymous6 views5 answers
I was injured in an automobile accident a little over a year ago. The accident was 100% the other driver's fault and his insurance company is handling my personal injury claim. The agent informed me that they would pay nothing until I was ready to settle the claim and "sign on the dotted line." I am now ready to settle this claim. The agent sent me a form to sign by which they (Insurance Company) would be able to access ALL my health claims...not only the ones from the accident forward, but everything that has gone through my personal health insurance. My question, do I have to give them access to all my records? I do not want anyone having access to all my records...physical, mental, etc... Are they allowed to require that from me in order to settle this claim?
You are wise to ask. Most folks just sign it without a second thought.
No, you do not need to sign a blanket medical authorization in order to get your claim settled. They are fishing for any past injuries or medical treatment that they can use to say that your current medical treatment is from some pre-existing condition. Therefore, they don't have to pay. I fight this sort of overreaching all the time. It's an unnecessary invasion of your privacy.
There are instances where SOME past medical records may be relevant to evaluating your claim. I don't know the specifics of you case and therefore cannot tell you what's would be reasonable in you particular case.
If you get tired of getting the run around, let me know. I'd be happy to help.
Insurance Companies will try and trick you into signing medical releases. The purpose is to access your past records and find something they can use to low ball you. Be wary of what you sign.
You should call the adjuster and tell the adjuster to narrow the scope of the release to be limited to the doctors with whom you treated for this accident and narrow the time from the date of the accident to current.
You would benefit from getting an attorney involved on this matter as you may see a higher recovery.
Richard Kurt ArbucklePersonal Injury LawyerHouston, TX ·
Do not sign anything without a lawyer. The lawyer can get medical records that are pertinent. No matter what you do they will always want more and refuse to settle until they get it or until the statute of limitations runs and you never hear from them again. They are not your friend. A lawyer can decide what they should or should not get.
Stop trying to do this without an attorney. You are never going to get anywhere near fair value without one and you are likely to make many mistakes which will jeopardize your claim by the time you come to your senses an realize that you need an attorney.
