Generally, if you are not asserting a claim for injuries or lost wages, there is no reasonable basis for the insurance company to request copies of your medical records. Although there are exceptions to this general rule (ie if the carrier has a reasonable basis for believing your physical condition may have played a role in causing the collision), those exceptions rarely apply. I suggest you demand that the insurance company advise you in writing of the rationale for their records request before signing any medical authorizations. Most requests for medical records are routine and I think this is nothing more than a computer generated request. Hopefully, if someone takes a look and sees that there is no claim for injuries or lost wages, the request will be withdrawn.
Hope this helps! Good luck.
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
Read my N.Y. Injury Blog at http://www.NYInjuryLawBlog.com
If you are not making a personal injury or medical bill claim, I do not see why the insurance company will need you to disclose your medical records. However, if there is some issue of intoxication which may avoid policy coverage, then they may have a right to obtain your medical records, as you do have a duty to assist them in their investigation of any claim. Without more information as to the circumstances you are encountering, it is difficult to give a more comprehensive answer.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
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