Can my auto insurance company refuse to pay my medical bills because I will not release my medical records?

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Can my auto insurance company refuse to pay my medical bills because I will not release my medical records?

Asked on October 20, 2010 under Accident Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, they can. First, it probably provides that expressly in your policy, that you have to cooperate with them (and it may even say specifically that you need to provide medical records). Even if it doesn't say that, an insurer has a right to verify the existence, extent, and expense of injuries and medical bills before paying them. They can, for example, make sure that you really need the treatment they are being billed for. So, if you do not release your records, they do not have to pay. Moreover, they may get suspicious--WHY won't you release your records? Does that mean you are committing fraud? Etc.--and launch an insurance fraud investigation--with considerable justification--based on your refusal. It is hard to imagine any good  reason why you would not want to release the records, in order to be receive payment, for legitimate injuries or conditions.


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