Visitor Question

Auto insurance requiring doctor’s evaluation to drive?

Submitted By: Kelly (Oklahoma City, OK, USA)

I have a new auto insurance policy with an insurance company out of Tulsa, OK. On the questionnaire, instead of saying I am unemployed, I responded that I am on disability. Now they are demanding I have a Doctor complete a form saying whether he thinks I am able to drive.

In the form there are invasive questions asking about my private medical history and treatment. They even want to know what meds I’m on and what I am being treated for.

I’ve had a valid Drivers License in Oklahoma since the 1980’s and have never had an insurance company require my medical history. Is this legal for them to do this? Why do they need my private medical information. I feel my privacy is being violated. Thank you for your time.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kelly,

Unfortunately, the insurance company has the legal right to ask you any questions they would like. The company is a private entity. This means they are in business to make a profit. To do so, they seek to eliminate or diminish liability, including medical payments required for an insured, and for injuries and/or property damage the insured may cause to others.

You stated you were disabled. The insurance company has no way of knowing if your disability is one which might cause you to be a menace to yourself or to others while on the road.

Moreover, because the insurance company has a right to insure whomever they like, you have an equal right not to purchase an insurance policy from them. Instead you may choose to seek insurance from another company.

If you aren’t comfortable giving the insurance company your private medical information, then you will have to decide whether that discomfort is worth your being insured with them or not. If not, seek another insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 6, 2014

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