Legal Question in Insurance Law in Mississippi

Medical Release to Insurance Company - too much info

I was involved in a car accident on Dec 25, 2004 and my insurance company, State Farm, put my claim under uninsured motorists. However, they have now told me that I need to sign a medical release form before they can begin to pay for my doctor's bills incurred during the accident. They sent me the form and I have scrutinized it from top to bottom and from what I am reading, it seems that they want access to ALL my information. The form mentions nothing about accessing information about the wreck itself, but appears to give them access to ALL medical records I have had in the past. Although I have nothing to hide, I don't feel right giving them that much information. I'm very concerned about the amount of information the want me to give them. I believe they should have only the information that pertains to the accident and should only be valid for the time needed to settle the claim and only they should access it, not distribute it to anyone else. Can I legally rewrite and sign my own form that gives them only the information I feel is necessary for this, or do I need to get a lawyer to write something for me or what? The form says I do not have to agree entirely with it but doesn't say how to limit what I want them to have. thanks


Asked on 2/22/05, 1:43 pm

1 Answer from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Medical Release to Insurance Company - too much info

Your concern is understandable, justified, and legal. In Mississippi, when you are injured and make a claim, you only place into issue those parts of your body (or conditions) that are involved in your present matter. For example, if you hurt your neck in an accident, any past, present, or subsequent neck treatment is fair game. However, your opponent (insurance company or otherwise) is not permitted to look at your OB/GYN records.

Yes, you can do your own form. Better yet, why don't you use my form since I already have one for this particular circumstance. Send me an e-mail and I'll be happy to e-mail the form to you.

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Answered on 2/23/05, 2:13 pm


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