In personal injury from auto accident, insurance company modified my signed limited medical records release.

Asked over 1 year ago - West Jordan, UT

I signed and provided a limited release for a year prior to auto accident to the present, but insurance company changed the release to "all" records and sent it out to my medical providers. Now I am about to settle with them. Can I settle the auto accident (since the claim is actually against their driver not them) and afterwards make a claim for fraud and HIPPA violations against insurance company for what they did?

Attorney answers (4)

  1. Jack C. Helgesen

    Pro

    Contributor Level 9

    12

    Lawyers agree

    Answered . In theory, you should be able to settle the claims separately because the the driver and his insurance company are separate. However, you will be required to sign a release of claims against the driver, and every release of claims includes a release of claims against the driver's insurance company. So, you will need to have the company agree to amend the release so you can pursue your claims against the company.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . There is no private right to sue under HIPAA.

  3. David B Pittman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You should hire a lawyer to help you. You will end up with a much better result.

  4. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should see if your state has any medical privacy laws that could give you a right to sue for the violation. You should also contact your state ins dept and make a complaint. Check with a local atty.

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Medical records and personal injury

Medical records document the extent of a person's injury. They are often an important part of proving the severity of a particular injury.

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