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Doug Landau
Doug Landau
Attorney • (866) 735-1102 Ext 610

I was in a car crash; does the insurance company gets all my financial and medical records?

2 comments

Car Accidents and Insurance
Accidents can cause physical injuries and mental anguish. But the issues don’t end there. Following an accident, an injured person will likely have to address the accident with an adverse insurance company. That process isn’t always easy. Instead, it can be painstaking, which is why it is so critical that you know your rights. So what happens if you do get into a car accident? Does the insurance company get all your medical, financial, school and psychiatric records?

Protect Your Privacy
After an accident, you will inevitably be contacted by the other driver’s insurance company. Before speaking with that insurance company you must realize that they are not there to help you. Therefore, you do not want to provide any records that are not required. In fact, you have no legal obligation to give any kind of release or authorization to the opposing insurance company to allow it to obtain records or information.

You should not sign a medical release. Federal law protects your medical records. By signing a release form you may be giving the other insurance company more leeway than you ever thought possible. The release form could give them the ability to pour through your entire medical history. That even includes information not related to the car accident. The same is true for other records.

Conclusion
The information above should provide you with information needed to refrain from providing the opposing insurance company with harmful information about yourself. The most important thing is understanding that you have no legal obligation to give the other party’s insurance company access to your records. Dealing with the other insurance company on your own, however, can be both challenging and stressful. That is why you should look to an attorney for assistance. Your attorney can ensure that you don’t release information unnecessarily. The recovery process, both mentally and physically, can prove difficult. Don’t make things worse by handing over information to the other driver’s insurance company that they should never be able to access.

2 Comments

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  1. Doug Landau says:
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    One way to limit the insurance company’s “Poring through your medical records” is to get the RELEVANT records, send them to the adjuster yourself, and NOT sign a blanket (or even limited) “medical records release.”

    In tomorrow’s post, I will explain how some medical practice’s outsourcing of copying their medical records has lead to inadvertent distributions of problemmatic documents…

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    It has been my experience that what makes many accident victims seek an attorney for the first time is the receipt of a HIPAA authorization, from the insurance company, allowing the adjuster to cull through the victim’s records.

    Most people are savvy enough to know that the insurance company is adverse to them and are concerned about signing anything they don’t understand. And the HIPAA authorization is not easy to understand. Naturally, they are worried about signing away rights.

    As you do, I would advise my clients never to sign a release from the insurance company. I take it from them and tell them that I will handle it from here. That seems to satisfy them.