Legal Question in Insurance Law in Missouri

release of info regarding auto accident

I was a passenger in an auto accident where I was injured. The insurance company handling the claim is stating they want records pertaining to my mental health/treatment, AIDS, any sexual disease, and alcohol and or drug abuse. Can they do this? I have yet to sign this release of information.

--name removed--Gray


Asked on 10/13/07, 7:16 pm

2 Answers from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: release of info regarding auto accident

They can, if you sign the release. But don't. Missouri law says that you only waive the physician/patient privilege for the parts of the body that you allege are injured. In other words, if you hurt your knee in the wreck, the insurance can look at any records for your knee, and probably leg, but nothing for your back and shoulders, etc. More importantly, there is no reason to look into your Mental health or other info. You have a right to privacy, even when you are injured!

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Answered on 10/13/07, 8:06 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: release of info regarding auto accident

None of that material is relevant unless you are claiming mental and emotional pain and suffering greater than that which would normally accompany your physical injuries and the trauma of the accident. You do not need to allow this.

I assume you have a lawyer. If so you should discuss this with your lawyer. If not, get one.

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Answered on 10/13/07, 8:42 pm


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