Should we give the insurance company access to hospital information by signing a medical release and why? 11 Answers as of August 21, 2015

Should we give the insurance company access to hospital information by signing a medical release? We have a claim with our neighbor's insurance because our son was hurt when he was on their property. What would be wise?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Most homeowner's policies will pay up to some predetermined amount for medical expenses. If you want them to pay, you need to prove that the treatment was for the claimed injuries, and the injuries actually resulted from the incident. If you are planning on suing the homeowner for negligence (for pain and suffering), you need to get a lawyer NOW, before you say anything damaging, or sign anything.
Answer Applies to: Michigan
Replied: 8/21/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Don't deal with an insurance company on your own, regarding a potential liability claim. They have their agenda, and it's definitely not to help you. They'll mislead you, and before you know it you've hurt your claim.
Answer Applies to: Michigan
Replied: 8/20/2015
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
Retain a lawyer.
Answer Applies to: New York
Replied: 8/20/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
You have no legal obligation to do so, but as a practical matter, if you don't, you probably won't be able to settle the claim. If you go to court, they can subpoena the records anyway, so you may as well, unless there is something in the records you would rather they not see. If such is the case, you probably should seek legal advice from an experienced injury lawyer. As a matter of fact, it probably wouldn't hurt to consult one before you make a decision whether to allow the insurance company access. Good luck.
Answer Applies to: Alabama
Replied: 8/20/2015
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
It is the first step in evaluating the your son's claim without it they can deny the claim.
Answer Applies to: Utah
Replied: 8/20/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    If you put your son's physical condition at issue by making an injury claim, it is typical for an insurer to ask for an authorization to obtain medical records to determine the nature and extent of an injury - but also to see if they can find evidence of a pre-existing condition or of "facts" which would support their denial of a claim. You are not required to sign an authorization for such access if there is no suit (you would be so required once in litigation), but as a practical matter you must prove the nature and extent of any injury, so supplying the medical information is likely required if you want the insurer to talk to you about resolving the claim (although you can get the records, or a report, and supply same vs. giving the insurer an authorization to get them on their own). If you sign an authorization it would make sense to limit it both in time and as to whom it is directed (and have it be for incident related treatment only). Of course, the insurer doesn't have to agree with any restrictions you place on authorizing access to information, but neither can they get the info. if you don't authorize access.
    Answer Applies to: Michigan
    Replied: 8/20/2015
    Gates' Law, PLLC | Thomas E. Gates
    They will not process your claim without the medical records. You can limit the records to only cover the treatment and nothing else.
    Answer Applies to: Washington
    Replied: 8/20/2015
    Ty Wilson Law | Ty Wilson
    No you should not. You should not even be talking to them. There are certain things once provided your claim will never be looked at the same way such as SS number whether you have any insurance or not, etc. reach out to a personal injury attorney. Good luck.
    Answer Applies to: Georgia
    Replied: 8/20/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    It sounds like you may be trying to settle the case without an attorney, and that you have a question about signing a medical release. The insurance company has a right to review your son's medical bills and records that are related to the accident, and they would obtain the bills and records with a signed medical release. You should make sure that the bills and records that they are trying to get are clearly related to the case. You might consider getting a free consultation from an attorney that handles accident cases.
    Answer Applies to: Illinois
    Replied: 8/20/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    No. They will go limitless in obtaining all information and use it as a ploy to delay and in any event either offer you a nuisance value or deny the claim. If you want to get anything reasonable out if this hire an injury lawyer.
    Answer Applies to: California
    Replied: 8/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would suggest that you seek counsel with an attorney, but generally the hospital and medical records of your son regarding the claimed injury are discoverable and will come to light eventually in any case.
    Answer Applies to: Michigan
    Replied: 8/20/2015
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