Should I release my medical records to the adjuster of the opposing insurance company?
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Should I release my medical records to the adjuster of the opposing insurance company?
I was involved in a car accident 4 months ago in which I was rear-ended on highway. I did experience some pain and discomfort after the accident, which has been relieved with the use of going to a chiropractor. I was told that my insurance company would be handling my treatment so all bills have been sent to them for payment. Most recently, I was contacted by the opposing insurance company saying that they would like to
have access to my medical records to futher evaluate their claim. I don’t understand why they would need my records since they aren’t paying for the treatment. Would it be wise to release those records to them in an effort for them to reach a settlement? My concern is that if I were to accept a settlement from them, I could get stuck with some type of bills, even though I was told that my state, my insurance company isn’t allowed to go after the other insurance company so I shouldn’t have to worry about that but I’m not sure what is considered normal under these circumstances.
Asked on August 25, 2016 under Accident Law, Connecticut
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The at-fault party's insurance company wants to obtain your medical records regarding the medical treatment you received for the auto accident. This is standard operating procedure. They need the medical bills, medical reports, and if applicable, documentation of wage loss to evaluate your case for a settlement offer.
Don't send them those items until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated. At that time, you will have all the bills, medical reports and documentation of wage loss. Send the information at that time instead of sending it piecemeal.The case cannot be settled until you have the total medical bills, medical reports and total wage loss
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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