Do I need to grant the insurance access to all of my medical records to collect? Why? 19 Answers as of August 28, 2015

I was in a car accident about 6 months ago. Our insurance companies determined that the other person was at fault, and the car has been fixed. The only thing that has not been taken care of is I sustained a back injury as a result of the crash. I have been trying to get the insurance to pay my medical bills for months, and now they are asking for unlimited access to my medical records. There are some records that are completely unrelated to the crash that I would rather they did not see, but I really need reimbursement for my medical bills, and I do not want to lose the chance to get a settlement. Do I need to grant them access to all of my records?

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Utah Injury Lawyer
Utah Injury Lawyer | Will Rodgers
For your own benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is car insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case.
Answer Applies to: Utah
Replied: 6/2/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Probably you do need to give them access. They need to be diligent to be certain that your claim arises from the accident and not from some other cause. I don't think you need to worry much about embarrassment or disclosure. Like the parish priest, they have heard just about everything. They won't be shocked, and they won't disclose the information to third parties. Or at least they should not, and I am not aware of any violations. You could also discuss with them the parts of your chart(s) you would prefer to keep confidential. They probably will not agree, but you can try.
Answer Applies to: Wisconsin
Replied: 6/3/2015
End, Hierseman & Crain, LLC | J. Michael End
I think you should hire a personal injury lawyer to help you with your claim. The lawyer will know how best to handle the issue you are facing.
Answer Applies to: Wisconsin
Replied: 6/3/2015
Gates' Law, PLLC | Thomas E. Gates
Yes, they have a right to have your medical records. However, you can limit it to just those related to the accident. They need verification of the extent of the injury and the necessity for treatment.
Answer Applies to: Washington
Replied: 6/3/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Yes. The insurance company does not have to pay for unrelated conditions or preexisting conditions.
Answer Applies to: Michigan
Replied: 6/3/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    You can try to limit your insures access to only relevant pre- and post-crash medical records. If the injuries/treatment is fairly straight forward and likely and logically crash-related, the insurer may allow such restricted access to records to suffice. Sometimes insurers like to get all records to see if they can find prior similar complaints/injuries and use that as a basis to deny the claim. Your insurance policy likely spells out how much cooperation/access you have to give the insurer, and if it does, then you need to follow its terms or the insurer can deny the claim due to non-cooperation. If the policy isn't clear in that regard, the law will say that the insurers requests must be "reasonable". If you and the insurer can't agree on what that means, someone (probably you if they aren't paying) will have to file suit and get a legal ruling on what records they are entitled to. Consulting local counsel that regularly handles these type of matters is typically the smartest thing to do vs. getting internet advice which will always be limited as all pertinent facts of your matter can't be explored and questions can't be asked/records can't be reviewed.
    Answer Applies to: Michigan
    Replied: 6/3/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    But if this was a car crash, why isn't your insurance company paying for your medical bills? That's what you pay insurance premiums for. That's the part I don't understand. Otherwise, whichever company pays your medical bills wants to make sure they are only paying for the back injury. So, if you went to the dr for the back injury and also got a bunion removed they have to see the records in order to parse out what it is they are paying for.
    Answer Applies to: New York
    Replied: 6/3/2015
    Ty Wilson Law | Ty Wilson
    Absolutely not! You should speak with a personal injury lawyer. You could obtain your own medical records that only relate with your auto accident and submit those to the insurance company. However past medical history it typically in the records. If the insurance company believes they can deny you claim by obtaining those records they will. Good luck.
    Answer Applies to: Georgia
    Replied: 6/3/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Yes unless you can show that some cannot possibly involve the same condition, symptom, or part of the body.
    Answer Applies to: California
    Replied: 6/3/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    Well, that can be fought, but it?s a lot of effort on it's own. Did you have a third-party claim against the other driver and his insurance company. He was negligent, and your injury sounds serious enough to meet the threshold. A lawyer handling a third-party claim will generally handle first-party matters, as well, as a convenience to the client. That would be a good way to get your first-party dispute regarding records taken care of. To me, the third-party claim seems worth pursuing.
    Answer Applies to: Michigan
    Replied: 6/3/2015
    John Russo | John Russo
    Yes, its called discovery, and you do not get to pick and choose what records are irrelevant. If the case was in suit you could try to seek a protective order, but again not being versed in the law you would most likely not prevail.
    Answer Applies to: Rhode Island
    Replied: 6/3/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    The insurance company is not entitled to see all of your medical records. You should absolutely have an attorney represent you to properly build your case and maximize your recovery. Most insurance companies will not pay your medical bills without a complete settlement. You should not sell your case until you are at maximum medical improvement and your doctor has projected your future medical costs and impairment rating. just like you would not operate on yourself without medical knowledge you should not try to like for this on your own without a lawyer. Insurance companies will try to play games to minimize your recovery and dig into your background if you give them permission.
    Answer Applies to: Connecticut
    Replied: 6/3/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You can try restricting their access to just those providers providing treatment for your back and see if they can live with that. Good luck.
    Answer Applies to: Alabama
    Replied: 6/3/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Yes, they need to see if back injury was a result of this accident and that you did have a back injury before. Or that this condition made the injury worse.
    Answer Applies to: Utah
    Replied: 6/3/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    That would be a yes.
    Answer Applies to: New York
    Replied: 8/28/2015
    Callahan & Blaine APLC
    Callahan & Blaine APLC | Robert Lawrence
    The insurance company does not have the right to unlimited access to your medical records. For example, if you have a lower back injury from the car accident, they would be entitled to medical records showing prior back and spine injuries, but psychiatric records would be off limits, as would records from when you broke your arm as a child, etc. Only arguably relevant records should have to be produced.
    Answer Applies to: California
    Replied: 6/3/2015
    Jules D'Alessandro | Jules D'Alessandro
    You do not have to provide them with any direct access to to medical records. We always obtain our client's medical records and then send only the relevant ones to the insurance company. You are also entitled to compensation for pain and suffering, emotional distress and possibly permanent injury. Please feel free to call me to discuss the full value of your case.
    Answer Applies to: Rhode Island
    Replied: 6/3/2015
    Andrew G. Rosenberg, P.A. | Andrew G. Rosenberg, Esq.
    If you want to negotiate with the insurance company, they want to determine that your injuries are not from a prior condition. Typically, they are able to find out your prior medical records, accidents, etc from a separate data base system. However, you can refuse to give them your prior medical records but then they will probably give you a low offer of settlement.
    Answer Applies to: Florida
    Replied: 6/3/2015
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    All of your medical bills should be paid by your insurance company (PIP) and not the at fault insurance. You do need to cooperate with your insurance company and give them access to injury related records. You do not have to allow the at fault driver's ins to see your records until you are ready to reach a settlement. If you have a significant injury, I suggest you retain an attorney.
    Answer Applies to: Oregon
    Replied: 6/3/2015
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