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?
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UPDATED: Oct 27, 2010
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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.
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