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Medical Records Impasse in negotiations

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AngloAustrian

Junior Member
What is the name of your state (only U.S. law)?
VIRGINIA

I was in rear end collision last year and suffered herniated disk, clearly shown in ER and MRI records, and medical records provided to ins co, and noted in perm stat statement by my primary care physician who has known me for years. I have a very strong case and they have already made me a (low) offer. Driver who hit me has much documented evidence of speeding and bad habits related to driving, proof of which I also provided.

Because I had treatment at my chiro before the accident (to my low back), but have refused to provide any prior records because they are not related to my neck, the insurance company is telling me I have a "soft tissue" injury unless I can provide the records proving no preexisting injury.

At the end of the day, the actually records will prove that I have no prior injury to my neck, but I have been advised not to provide them unless we go to court and I am trying to keep all my cards close to my chest. My chiro is willing to write a statement but the ins co says that a letter is no good.

QUESTIONS:
Should I stick to my guns and write a rebuttal that says the records I have already provided are sufficient proof of my injuries, and here are some statements from my doctors, or should i give in to this one and let them see the records? Where will it end if I let them see these?

Are statements from doctors really no good? It seems that if a doctor is willing to sign their name to a statement, it should be as good as records.

The person who hit me has many speeding tickets, 50 pages of online, public blog stating that he loves to drive fast, and many other questionable acts that prove him to be a bad driver yet the insurance company says that none of that is relevant to my case. Surely it is? How can I persuade them that a jury will find it relevant?

I would appreciate any suggestions related to the above!
Thanks.
 


ecmst12

Senior Member
If you don't have a lawyer, you can't go to court (other then small claims). The insurance company's lawyers would eat you alive in regular court.

So, your choices are, provide the records they have requested, or hire a lawyer and do what he/she advises you.

The other driver's history is irrelevent. No one is debating liability - they know he's at fault. The only thing at issue is whether your current condition is completely due to the accident or not. Don't muck up the issue by going on about what a bad driver he is - that is not the point and you are way past when that might have been an issue.

Statements from doctors are NOT medical records and can't subsitute for them. They want to see what was documented at the time of treatment.
 

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