Legal Question in Insurance Law in Texas
Medical Authorization Form
I was recently in an auto accident in which the other driver was at fault. They have failed to attempt to make any payments for medical bills, and keep sending a ''voluntary'' form titled ''Authorization To Disclose Health Information and Other Records''. Since I have no insurance policy, as is implied on the form, with the other person's insurance company, is it necessary to provide them a medical authorization form in order to collect on my claim for medical bills as well as pain and suffering?
2 Answers from Attorneys
Re: Medical Authorization Form
keep in mind that the other insurance company has no legal obligation to automatically pay your medical bills. they may elect to do so however through the process of negotiation and settlement. in order to negotiate and settle the claim they must have medical records and bills in order to determine if the treatment was reasonable and related to the accident. you do no have to sign an authorization that they send to you. generally these authorizations are very broad and not limited to just medical records related to the accident. you can choose to let them get the records and bills with the authorization (if you do i suggest limiting the authorization to just medical records directly related to the claim and to require them to provide you copies of what records they acquire with the authorization as a stipulation in the authorization). or, you can obtain the records and bill yourself and provide them to the adjuster. you are also entitled to seek pain, suffering and lost wages. hope this helps. bill featherston
Re: Medical Authorization Form
Absolutely not! In fact, if you give them a blanket authorization (which is what they want), they will be able to get every medical bill and record you have ever had since birth! What you really need is an attorney who knows what he is doing. Please don't try to handle this on your own.
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