Who is legally responsible for paying the fees to get copies of medical records after an accident?The victim or the insurance of the at fault driver?

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

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...

Full Bio →

Written by

UPDATED: Oct 27, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Sugar Land, TX

Asked on 10/27/2010

Who is legally responsible for paying the fees to get copies of medical records after an accident?The victim or the insurance of the at fault driver? My husband, 4 yr old son & I were t-boned by a driver who ran a red light. His insurance is saying it is our responsibility to request and pay for the medical records and further that we cannot even get reimbursed for them within the settlement.

Answer given on October 30, 2010

In spite of the fact that you were the victims in the accident, it is your responsibility to file a claim for all damages and injuries.  To do so you need to provide the other insurance company with the medical forms and statements showing the amount to pay. 

The damage to the car can usually be settled by the other company sending an adjuster to see your car before it is repaired.  They have the right to see the car before repair is made.

Insurance companies usually want all medical bills submitted at one time and they will then review and make payment for the injuries.  They are not required to pay up front, or on an ongoing basis.

If you have medical insurance coverage on your auto insurance policy you may be able to file a claim that way and get some reimbursement, up to those limits.  Your insurance company will then subrogate against the other insurance company.  However, if your injuries exceed your medical payments coverage, or if you don’t have medical payments coverage, you must work with the other insurance company.


IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption