Legal Question in Personal Injury in Illinois
I was involved in a car accident 6 months ago. A young driver turned in front of me and I hit the side of her car going about 35 MPH. My right knee hit a brake controller box that was mounted on the dash. I was driving a Suburban that sustained $2400 in front end damage and was repaired at Geico's suggested shop. The other vehicle was a small SUV. Its airbag went off and had to be towed. I went to the ER that night and my knee was Xray'd and I was told it was a sprain. I followed up with an ortho doctor, had an MRI that showed soft tissue swelling, and had physical therapy. I limped for about 3 weeks but didn't miss any work. I am unable to kneel on my knee due to pain. Squatting is also painful but not as much. Most days is it is sore especially when flexed in the same position for a long time. My doctor said at my last visit Monday it is just a matter of staying off of the knee (not kneeling or squatting) and letting it slowly heal as well as continuing exercises. It has improved over the past few months, but I remain unable to kneel on it for more than 10 seconds or so. Geico admitted fault and promised to pay all of my medical bills. My medical bills total $13,000 and my car repairs have already been paid for. So far GEICO has been good to deal with. They did send me a records release form asking for access to all of my medical information for the past 5 years. It also asked me to list every doctor visit for the past 5 years as well as any accidents or worker's comp claims I have ever had. I crossed out the form so that it read that I was releasing records pertaining to the accident since I felt GEICO was being too invasive. I have seen web sites that advise asking for an amount that is two to three times your medical bills as pain and suffering. What should I ask for? Will I have to allow GEICO access to ALL of my medical records for the past 5 years? I have never had a knee problem and have nothing to hide, but I feel they are being very invasive of my privacy.
2 Answers from Attorneys
Why do you ask for advice? You seem to know what you are doing. Good luck dealign with Geico. You want to do it yourself? Go ahead... Have fun.
GEICO is not going to pay you anything until you sign their record release. The reason is that they don't know if you have had previous knee injuries. Without the past medical records, they have no way of knowing whether or not your knee injuries are related to this accident or a pre existing condition. All insurance companies must comply with both state and federal privacy laws, and cannot as a matter of law transmit your records to anyone not involved with your claim. I strongly recommend you sign their record release so that you can proceed with your claim. Good luck.
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