Auto Insurance Claims: Auto Injury Claim, give up medical history?


Question
This accident took place in Kentucky.  I was stopped in traffic waiting for the car 2 cars in front of me to take a left turn, when the driver in the SUV behind me did not stop and crashed into the rear of my car, while I watched helplessly from my rear view mirror.  My car was totaled.  The other insurance company paid for the loss and for a small amount of time lost from work.  Now they want to settle the injury claim, and sent me a form requesting the following:
From the Provider: "All Physicians, All Hospitals, All Other Health Care  Providers, or Health Insurance Companies who have provided treatment, care, or benefits to the above-named patient".
Under Requestor:Their name and address was provided.  
Under Information Requested: "Complete records in the Possession of the Provider and/or its Agent".  
And under Purpose of Disclosure: "Review and Processing of Motor Vehicle Insurance Claim#xxxxx".
It seems to me that they are asking for more medical information than what pertains to the accident alone.  Shouldn't they be requesting the medical information specifically from the date of the accident and from only those Providers who treeated me for the injurie caused by that accident?  Should I call the Agent and tell him to send me a different request specifying the release of medical information from the date of the accident and only from that accident?  What happens next?

Answer
Jane,

  When one is seeking compensation for an injury, the burden of proving the injury is upon them.  That means that any relevant information can be requested.  I would consider your medical history very relevant to the damages you would seek in an auto injury.

  Now, this is really an evidence question and I have to say that you should seek the advice of an attorney if you want a legal answer, my answer is based on my experience and training as a claims adjuster.  Clearly, if you had a wart removed, or were treated for nausea or had treatment for some unrelated issue, then that information would likely be easily excluded from evidence in the event of official discovery.  What wouldn't be excluded would be things like prior back or neck injury or surgery, or any prior or existing condition that could be related to your current claim.  Insurance adjusters normally have access to a claims history database which will house information from various insurance claims the patient / claimant had in the past.  The request could safely be treated as if it said "any and all RELEVANT history or records".  If you excluded something relevant that was later located by subpoena then you'd be in a bad situation.  The best thing to do is to just allow them access to whatever medical history they need.  What do you have to hide?  If they are unreasonable, you'll have to sue anyway whether they have your medical records or not.  I hope this helps.


JP