Vehicle & Bodily Injury Medical Records Request

Vehicle accidents are the leading cause of personal injury cases in the United States. Injuries range from minor scrapes and bruises, to permanent disability and death. Most injury claims are submitted to the “at-fault” driver’s insurance company and may result in litigation.

When gathering claim documentation, it is essential to request the full extent of the claimant’s records from all key healthcare providers. This includes every type of record related to the claimant’s injuries, their treatment, and costs. Ontellus has the legal expertise to help obtain these records via authorization or subpoena.

Some of the more severe vehicle accidents that lead to records retrieval include:

Rear-End Accident Claims

Head-on Accidents (most lethal car wrecks)

Side-impacts and T-bones

Pedestrians Hit by Cars

Semi-truck/18-wheeler Collisions

Public Transportation Injuries

Bicycle-Car Collisions

ATV/Off-road Vehicle Injuries

Boating Accident Claims

The cost of medical care is a major factor in the value of the injury claim.

From soft-tissue injuries to permanent disability, the more common auto accident injuries that drive medical records analysis include:

Whiplash and Neck Injuries

Spinal Cord and Back Injuries

Concussions and Head Injuries (high-dollar claims)

Knee, Ankle and Leg Injuries

First-party Claims

First-party insurance claims have different rules than third party claims. Most no-fault (and worker’s comp) insurance policies contain a clause requiring the claimant to submit to an Independent Medical Exam (IME) at the carrier’s request which involves obtaining medical records. Insurance companies normally request IMEs after retrieval of records when they want to evaluate the nature and extent of the injuries, or the medical treatment required.

Third-party Claims

Third-party claims are those filed against an “at-fault” driver and defended by his insurance company. They exist in the absence of no-fault insurance, and normally do not require an IME. The injured party’s medical records are not automatically accessible to the insurance carrier without an authorization from the injured party or via subpoena should a lawsuit be filed.

Ontellus is well versed in the unique state insurance and compensation rules, in addition to the specific legal rules for preparing, noticing and serving record subpoenas to obtain records.