Legal Question in Insurance Law in Utah

Medical Records of person involved in an accident

Am I obligated by law to allow the insurance companies access to all of my medical records. They are threatining to withhold payment or settlement if I do not sign their form. I am willing to give them all the medical records related to the incident but I do not think they have the right to go over all of my personal records.

Asked on 3/10/09, 4:23 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.
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Re: Medical Records of person involved in an accident

You do not need to allow the insurance companies access to all of your records. However, if you do not allow such access, the insurance companies will probably either deny you reimbursement or severely limit what they offer. The insurance companies want to make sure they are paying only for the injuries you actually suffered, and not for some pre-existing injury.

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3/10/09, 4:40 pm
Dustin Lance Dewsnup, King & Olsen
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Re: Medical Records of person involved in an accident

The insurance companies ALWAYS demand a medical authorization and I AWLAYS refuse to provide one.

Once an insurance company has a medical authorization they can go ANYWHERE in you medical history. I have seen insurance companies get records from Planned Parenthood when someone has a whiplash injury.

I would suggest you hire an experienced personal injury attorney and have them to handle the claim for you. If you want to do it yourself, obtain all of the records for the insurance company and go from there. If they say they need more records, offer to get those as well.

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3/12/09, 4:41 pm

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