Legal Question in Insurance Law in Missouri

Regarding HIPPA Laws in Missouri

I am in dispute with the insurance company of a driver who totaled my car and was found guilty. There was bodily injury and the insurance company requested my medical records to review the case. I obliged and have found that they have shared my medical information with a doctor that does not work for the company nor have they outsourced for his medical knowledge. This person was a friend of a claims adjuster that is working on my case. What can I do about this?


Asked on 5/01/08, 9:53 pm

2 Answers from Attorneys

James Manning James Manning, PC

Re: Regarding HIPPA Laws in Missouri

I would strongly recommend that you retain an attorney to represent you in your claim against the insurance company and its insured. You may well have a claim for violation of HIPPA if you did not sign an authorization for the release of your medical records. However, the problem with this type of claim is a lack of damages. Where an attorney could really provide a great benefit to you is helping with the bodily injury claim against the insurance company. I have handled numerous claims arising out of auto accidents. Please let me know if I can be of further assistance.

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Answered on 5/02/08, 9:34 am
Spencer Farris The S.E. Farris Law Firm

Re: Regarding HIPPA Laws in Missouri

The first thing to do was to hire an attorney. You didn't have to give a blank HIPAA authorization to the insurance company- they are only entitled to records regarding the part of the body that you injured. I don't know who found the other driver "guilty." The other driver may have gotten a ticket, but that doesn't prove that he/she caused you harm. You have to prove that part of the equation. As for the invasion of privacy/HIPAA violation, it is hard to know if you have one. Often, insurance companies will give injury victims blank general authorizations. If you signed one of those, the insurance company is within its rights to get your records and share them with whatever consultants they see fit.

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Answered on 5/02/08, 9:45 am


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