insurance co access to medical records?

Posted: Fri Feb 12, 2010 05:44 pm Post Subject:

You won't be able to pursue a claim if you don't allow them access to any medical treatment you recieved from your accident.

Posted: Fri Feb 12, 2010 06:20 pm Post Subject:

Thank you for the prompt reply. Is it conceivable that they may be able to deny the claim based on any information that they may find in my medical records? For instance, if the ER report for the night of the accident shows a positive toxicology report.

Posted: Fri Feb 12, 2010 06:27 pm Post Subject:

Anything is possible, but normally any treatments recieved as a result from the accident should be taken care of.

Posted: Fri Feb 12, 2010 06:30 pm Post Subject:

Once again, thanks for the prompt reply.

Posted: Fri Feb 12, 2010 07:53 pm Post Subject:

One more thing. If they find evidence of a positive toxicology report, can they bring legal charges against me for not revealing that to them in my original statement? Or is the worst that they can do to deny the claim (including the claim to fix my car) and raise my rates (or drop me altogether)?

Posted: Fri Feb 12, 2010 08:07 pm Post Subject:

Probably not, but thats not a smart move on your part. Your rates can be increased up to and including being dropped from the policy.

Posted: Fri Feb 12, 2010 09:47 pm Post Subject:

got it, thanks again.

Posted: Fri Feb 12, 2010 09:48 pm Post Subject:

Did they ask you if you were drinking prior to the accident? If they did and you did not disclose it....you never know what they will do. If they didn't actually ask that question, you didn't lie.

Posted: Fri Feb 12, 2010 11:25 pm Post Subject:

The insurance company would not bring legal action as there is not to be taken. At best it would be a civil matter and you've not caused any harm to them. If they were to take a deposition and you lied then, then it certainly would not help your case. But I think you probably just gave them a recorded statement. I know of very few states that even allow this to be admitted as evidence. Did they specifically ask you if you had been drinking and you said no? Even then, this would just go to your credibility, it might reduce the amount of negligence against their insured, but I doubt even that would be grounds to deny your claim. Again, it would probably only add to your negligence and reduce their insureds.

Posted: Sat Feb 13, 2010 05:17 am Post Subject: Insurance claim

There are a few states that allow companies to write policies which deny coverage for injuries due to intoxication. If the insurance agreement, agreed to by the insured, contained a specific exclusion for injuries due to intoxication, the insurance company can legally deny the coverage.