by Guest » Tue Jun 01, 2010 03:12 pm
Is my insurance comapny obligated to cover my auto and health expenses as indicated in my policy even if my medical records (requested by insurance company) indicate I was over the legal limit at the time. I was not cited at the scene or after the fact as of yet.
Posted: Tue Jun 01, 2010 11:59 pm Post Subject:
ok, WHAT?
First are we talking about an auto or health policy or both?
You got a driving OUI on the blood draw at the hospital, but not sited is that what you're saying?
So were you injured? Are you wanting to know if your carrier has to pay for your injuries even if you were OUI?
Please explain your questions and circumstances out a little clearer. Start with the state this occured in.
Posted: Wed Jun 02, 2010 06:00 pm Post Subject:
ok, WHAT?
First are we talking about an auto or health policy or both? BOTH
You got a driving OUI on the blood draw at the hospital, but not sited is that what you're saying? CORRECT, NOT SITED AT SCENE AND NO MENTION OF ALCOHOL ON POLICE REPORT.
So were you injured? Are you wanting to know if your carrier has to pay for your injuries even if you were OUI? YES, INJURED, 5 DAYS IN ICU AND AM WONDERING IF CARRIER HAS TO COVER MY MEDICAL AND AUTO - CAR WAS TOTALED
Please explain your questions and circumstances out a little clearer. Start with the state this occured in.
THIS OCCURED IN MASS. VERY RAINY NIGHT AND OTHER OPERATOR INVOLVED HAD MINIMAL DAMAGES TO 1988 VEHICLE AND NOT TRANSPORTED FOR ANY INJURIES. I WAS TRANSPORTED BY AMBULANCE AND BLOOD DRAWN WAS OVER THE LEGAL LIMIT. DO I NEED TO SHARE MY MEDICAL RECORDS WITH BOTH INSURANCE COMPANIES OR WORK WITH MINE TO SETTLE HIS MINIMAL DAMAGES AND THEN IS MY COMPANY STILL OBLIGATED TO COVER ME? THANKS FOR ANY HELP YOU CAN PROVIDE.
Posted: Wed Jun 02, 2010 11:06 pm Post Subject:
You got a driving OUI on the blood draw at the hospital, but not sited is that what you're saying? CORRECT, NOT SITED AT SCENE AND NO MENTION OF ALCOHOL ON POLICE REPORT.
Lucky you!So were you injured? Are you wanting to know if your carrier has to pay for your injuries even if you were OUI? YES, INJURED, 5 DAYS IN ICU AND AM WONDERING IF CARRIER HAS TO COVER MY MEDICAL AND AUTO - CAR WAS TOTALED
Yes, your health carrier will likely either be primary OR if they pay they will likely subrogate your auto carrier..Well, wait a second here...looks like Mass is a PIP state...so you should have a min. of 8k in PIP benefits thru your auto carrier, they will likely be primary..then your health carrier...would be my guess..I've NEVER seen an auto or health policy that excluded injuries to the insured if they were OUI. Check your policy, but I'd be surprised...so doubt you have any worry there at all.
Please explain your questions and circumstances out a little clearer. Start with the state this occured in.
Do you know if the hospital is legally bound to notify law enforcement about this? Who told you that you were over the limit? And what ramifications (if any) are forthcoming?THIS OCCURED IN MASS. VERY RAINY NIGHT AND OTHER OPERATOR INVOLVED HAD MINIMAL DAMAGES TO 1988 VEHICLE AND NOT TRANSPORTED FOR ANY INJURIES. I WAS TRANSPORTED BY AMBULANCE AND BLOOD DRAWN WAS OVER THE LEGAL LIMIT.
DO I NEED TO SHARE MY MEDICAL RECORDS WITH BOTH INSURANCE COMPANIES OR WORK WITH MINE TO SETTLE HIS MINIMAL DAMAGES AND THEN IS MY COMPANY STILL OBLIGATED TO COVER ME? THANKS FOR ANY HELP YOU CAN PROVIDE.
I can't imagine ANY exclusion that would allow your carrier (auto or health) to not cover your injury and your vehicle..When you say 'both ins. companies' if you mean the other guys carrier...no you don't have to share anything with them, if you were at fault. The only reason you would be required to share any info with them would be if he were at fault and/or you were making a claim against his policy. If by 'both' you mean your auto and health, yes, most likely.What was the liablilty decision? (ie who's at fault for this accident)? If you were found negligent, thus becoming liable for the other guys damages and injury, then yes, your carrier will pay for all damages/injury to him.
Your collision coverage will handle the damage/total of your vehicle. Your PIP and/or Medpay will take care of your injuries...Again, I know of NO state that would allow a carrier to exclude your medical treatment because you were OUI. Either at the scene or later.
I'm sure I don't need to point out that you may have dodged an ENORMOUS bullet this time right? In more than one way! :wink: Sorry the Mom in me just MADE me state the obvious..
Let us know if you have any other questions, and we'll do the best we can to help
Posted: Thu Jun 03, 2010 05:12 pm Post Subject: OUI
It seems to me that you would have a case against the hospital if your medical records were released without your consent, especially if there was no law enforcement action.
Posted: Thu Jun 03, 2010 11:01 pm Post Subject:
It seems to me that you would have a case against the hospital if your medical records were released without your consent, especially if there was no law enforcement action.
He would, but the hospital won't release them without a medical authorization, which the OP likely signed while in the hospital.Posted: Fri Jun 04, 2010 10:07 am Post Subject:
OUI -- while under the influence persons do all sorts of things and sign all sorts of papers and have no absolutely no recollection of any of it. HIPAA violations are serious matters, and most hospitals will not go out of their way to violate HIPAA. So if they released your medical records to someone, you must have given permission for them to do so.
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