If I was in an auto accident, doI have to give all of my medical records to the adjuster?

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If I was in an auto accident, doI have to give all of my medical records to the adjuster?

Do they need all of my medical records? The adjuster has sent a request for release of my medical records. I do not want them viewing all of my medical records.

Asked on November 13, 2010 under Accident Law, Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When you complete your medical treatment for the auto accident injuries and are released by the doctor, obtain your medical reports, medical bills, and documentation of any wage loss due to the auto accident.  The medical reports will document the nature and extent of your injury and will determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills and wage loss is straight reimbursement.  The documents you send to the adjuster should just be the medical reports, medical bills, and documentation of any wage loss.

The release you received may have been poorly phrased, but should just pertain to the medical records from  the accident.  If the adjuster is asking for additional records, it may be to determine if you had a pre-existing injury to the same part of your body that was injured in the auto accident.

It would be advisable to only provide medical reports and medical bills pertaining to your auto accident when your treatment is completed and you are either released by the doctor or reach a point where you are permanent and stationary which means that further improvement in your medical condition is not anticipated.

If you are dissatisfied with settlement offers from the insurance carrier, you can file a lawsuit against the other driver for negligence.  If the case is not settled, you will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter. You should consider consulting with a Washington accident attorney.


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