QUESTION: I was involved in an auto accident. Do I need to release my entire medical history to the other driver’s insurance company? The other driver was determined to be at fault, and received a citation. Her insurance company and I were able to settle on an amount on my vehicle because it was considered a total loss. However, they are saying they will not pay for my medical bill unless I agree to release my entire medical history to them.
ANSWER: The quick answer to your question is “yes.” A more detailed response is below:
A seasoned Illinois personal injury attorney knows that disclosing a client’s medical record is a necessary part of settling a car crash case. After the accident, you may have been diagnosed with an injury directly related to the collision (cervical strain or “whiplash” for example). You, of course, need treatment for the injury. You, of course, are also entitled to recover from the negligent driver for the cost of your medical treatment as well as for the pain and suffering you experienced related to that injury (after all, without that knucklehead rear-ending you, you wouldn’t be in pain to start with!).
In order to recover for your personal injuries (i.e. the cervical strain), you need to prove that you were injured. The best way to prove that you were injured is to provide the insurance company for the negligent driver with copies of your medical records and billing statements. For this reason, the insurance company will typically request copies of your medical records in order to evaluate your claim. They probably sent you a form to fill out to get copies of your records.
Here’s the sneaky part that a well seasoned Illinois personal injury attorney will help you to navigate. Insurance companies sometimes want your ENTIRE medical record to determine if you had any pre-existing injuries or illnesses that may have contributed to the pain you are experiencing now (for example, did you have a prior back surgery that may be contributing to the pain that you are experiencing now?). The insurance company will then try to pay you less than you deserve based upon your prior medical history.
You need an Illinois injury lawyer who can help you to navigate this case. Contact the Illinois personal injury attorneys of Argento Law Group, P.C. at (847) 628-8305.