Legal Question in Personal Injury in Virginia

Do I sign an authorization to obtain medical records form?

A driver recently ran a red light and hit me in the driver's side door. I had to be cut out of the car and was taken to emergency by ambulance. Nothing was broken but I've had muscle spasms and headaches. Police came to the hospital and said the driver took full responsibility and received careless and wreckless. There were many witnesses as well. The insurance company for the driver wants me to sign authorization to obtain medical records (HIPAA form). Is this okay for me to sign? Their insurance says they will pay all my medical bills as well as pain and suffering and also a seperate check for my totaled car. I'm a full time mother so there aren't any paid missed days of work for them to cover. Is there any danger in signing this form. I saw my Dr. and if the headaches stop soon then she won't request a catscan and everything will hopefully be fine. Thanks.


Asked on 4/15/05, 4:09 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Do I sign an authorization to obtain medical records form?

Normally, I would strongly encourage you to see an attorney on this. However, since you did not lose any days from work, etc, and if they are going to pay you for all therapy, giving away 1/3rd of the total to an attorney might not be cost-effective. You might try to get an attorney you can pay 1 to 2 hours straight up for advice.

First, the important task here is not to get sold short. The insurance companies will often be eager to UNDER-pay you, and therefor they are eager to pay you in a hurry and get it all wrapped up before you realize that you are not getting enough money.

How to calculate what you should be getting is far from easy and is more art than science. But you need to be very clear about whether ALL of your medical bills from this accident are truly being covered completely, now and in the future.

Pain and suffering is a very vague concept to put into dollar terms. It is almost impossible to predict. But if they are agreeing to pay you for this, that is a very good sign that you are getting fully compensated. You should keep a log of all pain and suffering, especially any times when you are unable to do whatever you would normally be doing (whatever) because of pain or discomfort, have to lay down, etc.

Days off from work, etc., etc, are normal but you say that doesn't apply.

Second, is there any risk in signing the form? Well, it will be almost impossible to get any money without signing it, because one way or another you are claiming that you were injured, so you are placing your health at issue. To get money for being injured, you have to show them how you have been injured.

The danger would be if you had a pre-existing injury to the same place in your body, or the like. They will be looking to see if that part of your body was ALREADY injured BEFORE the accident. They will want to reduce any payment corresopnding to that.

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Answered on 4/20/05, 6:16 pm
Brian Miller Brian M. Miller, Attorney at Law

Re: Do I sign an authorization to obtain medical records form?

I'm not nuts about such authorizations but how else will they confirm your medical treatment. In the alternative you could hire a lawyer who would provide your records to the insurance company.

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Answered on 4/15/05, 4:52 pm


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