Expert: Claims Guy - 4/4/2009

Question
One week ago I was driving down the road and a 78year old man pulled out of a housing complex and hit me.  I had the right of way.  Him plowing into me caused me to hit a car at the stop sign.  I was not sited and witnesses agree he did not have the right of way. I have been injured in the accident.

Now his insurance company wants me to sign a medical release for ALL my medical information all my life or that they can find. They state they do not have to abide by HIPPA and can release this information to anyone they deem fit.

What's up with that?  I don't have anything to hide but I am not signing over all my medical information.  How do I deal with these people?  I would rather not get a lawyer.

Answer
It is common for claimants to sign an injury release.  The insurance company will need to know all about your injuries, as well as any prior medical condition that might impact the current injury and treatment.  This is very commonplace.

However, I do have a concern about their ability to release it to anyone.  This seems unusual to me.  It would be normal to release it to any employee or legal counsel of theirs, but not to anyone.  Maybe you can have it altered to change this.

You do not have to sign this.  You can just collect all the medical bills and reports and submit them to the insurer.  But you will have to pay for these records, and this can get expensive.  Hospital records can cost hundreds.  If they do it, you save money.  Also, they may wonder if there is something out there that you have not included, and this may adjust the amount of money they offer you in the settlement.

If it were me, I would sign it but change the part about who they can release it to.  But this is a personal choice.  

This should not impact whether or not you need a lawyer.  If you feel like you do not understand what is going on or how to settle the claim, you may want a lawyer.  But keep in mind that a lawyer will charge 25%-50% of your ultimate award, and this can be a lot of money.  In my experience, most people do better without a lawyer, even if the settlement is less than the lawyer would have gotten, because of the fees.