If I settle a personal injury claim on my own and the insurance company requests for medical records do I send the records in myself or does the doctor's office? How much of my medical info is given to them? And if I see other doctors for something else such as gyn or therapy that has no relation to the accident, does the ins. company need the medical records for them too?
Please note: car accident, uninsured motorist coverage
Usually, you should be able to limit the insurer's access to the medical records that are relevant to the treatment of the injuries you received in the accident. However, if you disclose to the insurer (or to your treating physician) that you have a history of a preexisting injury to or are currently receiving medical treatment for an injury to the same body part, the insurer make seek access to those "related" medical records so it can assess how much of your current complaints are allocable to the accident.
With resepct to access, typically the insurer sends you a medical authorization form to fill out. Do not make the mistake of signing a blank form and sending it back to the insurer. Fill out the form with the name/address, etc. of your treating physician(s) for the accident-related injuries.
This response is general legal and business analysis and not legal advice; thus, other attorneys may analyze this issue differently, particularly if there are undisclosed facts. I am licensed to practice in CA, but I am not your attorney and this response does not create an attorney-client relationship between us. Please review Item 9 of avvo.com’s terms and conditions, which is incorporated by reference as it if was reprinted here in full.
You can request a copy of the records and forward them yourself. Also, you can control what documents you send to the insurance company. However, if the insurance company discovers another injury or incident that could be the cause of your damages claimed, they likely will want to see the other medical records before they will offer any money. You will need to convince the insurance company that your other injuries are independent injuries not related to the injuries caused in the claim at issue. Also, if it looks like you have removed any records before sending them, it will look highly suspicious and give the insurance company another reason to doubt your claim.
If this is an uninsured motorist claim, the insurer will insist on obtaining the records itself. You do not want to sign a blank authorization. You can limit the authorization. You also only want them to obtain records from providers who have treated for injuries due to the accident. Why are you handling this on your own? How will you know how to respond to the ultimate question the insurance company is going to ask you - "how much is this worth?" There are plenty of pitfalls for you proceeding unrepresented. If you choose to go it alone, I wish you the very best.
In Nevada you have the option of giving the insurance company an authorization to permit the company to collect your medical records. The authorization can (and should) be limited to certain doctors, or for a certain time period when you received treatment. When the insurance company uses the authorization they get the records directly from your doctor. The authorization we use also says that if the insurance company collects any records by using the authorization, the company has to provide our office with a copy of the records they collect.
The answer given herein does not constitute an attorney/client relationship. No such relationship is commenced with our office unless and until a formal attorney/client agreement is signed by both sides.
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