While riding my motorcycle, I was hit by a guy running a red light. His insurance company wants access to all of my medical records, including records from before the accident. Do I have to give the company the old records?
Not unless there is a lawsuit. During the claims process, the insurance company is entitled to investigate only the injuries you suffered from the accident, or injuries you claim are worse because of the accident.
If you allow the opposing insurance company access to your records, read the form before signing. Cross out or rewrite any wording that grants access to your entire medical history.
If there is a lawsuit, you may have to turn over all your medical records related to the injury or that could be related to the injury. For example, if you hurt your arm, you would probably have to give up old records about a broken arm, but not about a tonsillectomy. On unrelated matters, you are entitled to medical privacy. An experienced auto accident attorney can help.
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