Am I required to release my medical records to my insurance company.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 22, 2011

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Insurance Question from Norwich, CT

Asked on 11/22/2011

Am I required to release my medical records to my insurance company. I was in a car accident where I was driving and I was injured along with another person was injured. Both of us went to the emergency room. The police report states that the acceident was caused because I was driving at excessive speeds. The police report does not stat that alcohol was involved and I was not charged with DUI. The other person injured is requesting compensation for his injuries. My lawyer (Provided by my insurance company) is requesting that I sign a HIPPA form to release my medical records to him and the insurance company. Am I required to release this information to them?

Answer given on November 23, 2011

Most insurance policies have a clause that states that you will cooperate with any insurance investigation or claim.  They are providing a lawyer in defence of your passenger making a claim against you.  It is your right to decline signing the medical release.  However, your passenger’s attorney my subpoena them for court if it gets to a lawsuit in order to prove that there was something else related to the cause of this accident (drugs, alcohol, other medical reason). You did not say why the attorney for the insurance company is request your medical records.  Have you asked them to pay your medical bills?  If this is the case, they will need  the bills and the records to make payment.  Again, it is your right not sign but, make sure you understand how not signing will affect your claim and a possible pending lawsuit.    


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