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

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

Posted

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.

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Posted

There is no private right to sue under HIPAA.

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1 comment

Stacy E Pepper

Stacy E Pepper

Posted

Attorney Lassen is correct.

Posted

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

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Posted

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.

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