Visitor Question

Can the insurance company require me to give them my entire medical history?

Submitted By: James (Houston, Texas)

I was rear-ended while stopped at a red light, and the person who hit me backed up and fled the scene. I was able to give chase and trap the driver. He had no ID with him. He only had State Farm Insurance papers for the car.

I called State farm and they are the insurance carrier for the car but they were unable to produce the drivers name. I gave them detailed information about the accident including the time, place, what happened, etc.

Now they want more information from me including wage information, doctors names, treatments received, return to work details and more. The biggest thing they are asking for is my ENTIRE medical history. I am somewhat skeptical about releasing this to them. I have nothing to lie about, but do they really need a 75 year release of records?

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 James,

Trapping the driver has no relevance to your injury claim. If you are claiming you sustained an injury resulting from the crash, the insurance company has a right to know certain information. Perhaps you have a medical condition which may have exacerbated your injury. Or maybe the injury you presently claim is not really a new injury, but instead a prior one. The only way they can determine this is by reviewing your medical records.

However, it is arguable that your entire medical history is not relevant to your injury claim. You might offer to produce the last year’s medical records and see if that satisfies their needs.

If you are claiming lost wages resulting from the crash, the insurance company is obligated to verify the amount of wages you were making at the time, along with any other compensation you were receiving.

Unfortunately, your are at a disadvantage. The insurance company  can dictate what they want and when they want it. If you don’t agree, they may deny your claim, or at least delay it.

However, while they have an advantage, it is important to note they also want to negotiate and close as many claims as possible before they end up in court.

If you are uncomfortable with the insurance company’s request for records, and the insurance company won’t cooperate, gather all the documentation you have so far, and speak with several personal injury attorneys in your area. Most will not charge a fee for an initial office consultation.

Moreover, in most cases, personal injury attorneys are able to obtain larger settlements or court awards than those victims who represent themselves.

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,

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