When authorizing medical information to insurance, do you modify their authorization release form or provide your own?

Asked over 1 year ago - Cleveland, OH

I was in a car accident in Aug 2011 while in Vegas. I suffered a broken wrist and continue to experience pain due to tenosivities. My bills totaled out to $22k including multiple ortho visits, Xrays, MRI's, PT, etc. I initially demanded $50k due to bills, pain and suffering and lost wages. The liable insured only had a $15k limit of coverage in CA. I have since been paid that amount but I had to file an underinsured claim with my own personal insurance company. My insured has requested that I return a release for medical records, however their form does not include a date to which it expires. It also gives them authorization to access more then what is pertinent to this claim. I have decided to revise their form to only provide medical records and bills from Aug2011 to now with expiration.

Attorney answers (7)

  1. Jason Todd Studinski

    Contributor Level 20

    13

    Lawyers agree

    Answered . This sounds like a serious injury case. You should consult with a good personal injury lawyer. A good lawyer can probably increase the value of your case and assist you through this difficult time.

    That said, in recent times, insurance companies seems to routinely request an unlimited medical records authorization - as to time and scope. We typically propose a more limited release. The approach to this issue varies from one jurisdiction to another.

    I suggest you consult with counsel to assist you with this case. I hope this helps. Good luck.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Trying to resolve this without a lawyer could sabotage your claim or get you a tiny nuisance settlement. Retain a top-rated lawyer with a low contingency fee to get maximum compensation.

  3. Guy Scott DiMartino

    Contributor Level 13

    12

    Lawyers agree

    Answered . I do not practice in OH or NV so this information is for general educational purposes. If you are going to make an UIM claim, you usually have to get approval from your insured company to settle with the other driver's insurance company. Make sure that your insurer consented to the settlement. Regarding the release, you could write in a date restriction on the document and see what the adjuster does with it. Also, you should read your policy and see if it has any requirements about releases, statements, etc.

    This information is for educational purposes only and does not establish an attorney-client relationship.
  4. Sydney Stein McLafferty

    Contributor Level 3

    8

    Lawyers agree

    Answered . Some policies may include language that requires their own insureds do certain things to "cooperate" with their insurance company's investigation of a claim. Therefore, you may be required by your policy to provide an authorization. However, under Ohio law, only medical records that causally or historically relate to your claimed injuries should be discoverable. So we will often limit what medical information is shared with an insurance carrier, or limit the release such that the medical providers can only release certain information. You should also be aware of other issues unique to underinsured motorist claims which would be better discussed with a lawyer either over the phone or in person.

  5. Thomas Austin Thompson

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . I would never recommend that a client sign a blanket authorization, even to their own insurer. Please keep in mind that even though you are dealing now with your own insurance company, their goal will be to pay you as little as possible on your claim. Depending on your injuries and your medical history, a blanket authorization could provide your insurer with information they could use to try to lower what you are entitled to receive. You should seek the advice of an experience injury lawyer immediately.

  6. Matthew C Simon

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . Sometimes I do, sometimes I don't, depending on the circumstances of the case. I agree with Mr. Lassen, as usual, immediately hire an experienced personal injury attorney b/c the smallest mistake could cost you. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  7. Andrew Daniel Myers

    Contributor Level 20

    7

    Lawyers agree

    Answered . Retain an attorney who will obtain the relevant records and then submit them to the claims adjuster. The insurance industry's own statistics - NOT those of any attorney - show that unrepresented people get far less than those who retain an attorney. Here's more: [Blue-Link-Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more

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