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

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?

West Jordan, UT -

Attorney Answers (4)

Jack C. Helgesen

Jack C. Helgesen

Personal Injury Lawyer - Layton, UT
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.

Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

There is no private right to sue under HIPAA.

David B Pittman

David B Pittman

Personal Injury Lawyer - Fort Myers, FL
Answered

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

Robert Bruce Kopelson

Robert Bruce Kopelson

Personal Injury Lawyer - San Jose, CA
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.

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