The Insurer Wants Your Records. Talk to a Lawyer First.

When an insurance company asks for medical records after a car accident in Georgia, you can slow down and read the request first. The insurer usually wants to check your injuries, your treatment, and the cost of your care. You can ask questions in writing, limit what you sign, and take time before you respond.

This page explains the common requests and what each one can reach. It also covers how to get your own records and the crash report. For a wider view of these claims, see our car accident lawyer page.

Why Does the Insurance Company Want My Medical Records?

The insurer wants your medical records to see how your injuries and treatment connect to the crash. Adjusters use that information to evaluate your claim.

Georgia law limits medical expense damages to the reasonable value of medically necessary care. The trier of fact decides that amount. See O.C.G.A. § 51-12-1.1.

Two insurers may contact you, and they play different roles. The other driver’s insurer handles the claim against its driver. Your own insurer may ask for information under your own policy. Read each letter to see which company sent it and what it asks for.

Fault rules also shape how your words and records get used. Under O.C.G.A. § 51-12-33, damages are reduced in proportion to your share of fault. A plaintiff who is 50 percent or more responsible receives no damages. That is why the facts you give early on can matter.

Do I Have to Give a Recorded Statement to the Other Driver’s Insurer?

A recorded statement is a taped interview in which an adjuster asks you about the crash and your injuries. Adjusters often ask for one early in a claim.

Common questions cover how the crash happened, where you were going, any earlier injuries, and what your daily activities look like now. Answer only what you understand, and say so when you don’t.

Georgia’s Office of the Commissioner of Insurance and Safety Fire advises drivers to avoid statements about fault after a crash. See its auto claim tips.

You can ask the adjuster to send the request in writing. You can also ask for time to review it before you answer. A written request gives you a clear record of what was asked.

If the other driver never stopped or was never identified, a hit-and-run crash raises different questions. Those questions are worth raising with a lawyer early.

What Does a Medical Records Authorization Actually Allow?

A medical records authorization is a form you sign that lets named providers release your health information to the person listed on it. Read the form before you sign anything.

Check four parts of the form. Look at the providers named, the date range, the types of records covered, and who receives them. A form that names many providers or many years covers far more than your crash injuries.

You can ask for a narrower form limited to treatment for injuries from this crash. A narrower form limits what providers may send. You can also ask the insurer to explain in writing why it needs each item.

Some bills come through a letter of protection, which is a promise to pay from a settlement or judgment. Under O.C.G.A. § 51-12-1.1(d), the letter, itemized charges, and referral details are relevant and discoverable, along with the name and purchase price of any accounts receivable a healthcare provider sells to a third party at less than the invoice price.

How Far Back Can a Car Insurer Look at My Medical History?

Insurers often ask for care that came before the crash, especially treatment for the same body parts. They look for earlier injuries that could explain your current symptoms.

Georgia separates two kinds of damages. Under O.C.G.A. § 51-12-2, special damages are those that actually flow from the act and must be proved. Medical records are a main way to prove them.

Georgia law also preserves the right to present evidence challenging the reasonableness or medical necessity of medical expenses. Under O.C.G.A. § 51-12-1.1(f), nothing in that section limits a challenge to the reasonableness of medical expenses or the medical necessity of treatment.

Keep the scope tied to your injuries. Ask the insurer to put in writing why it needs older records. Keep a copy of every letter you send and receive.

Time limits matter too. Under O.C.G.A. § 9-3-33, except as otherwise provided in this article, Georgia’s deadline to sue for injuries to the person is two years after the right of action accrues, and actions for injuries to the person involving loss of consortium must be brought within four years after the right of action accrues.

How Do I Request My Own Medical Records in Georgia?

You request your own records from each provider’s medical records office, in writing. Each provider keeps its own file, so send a separate request to each one.

Gather the information before you write. Include your full name, date of birth, the provider’s name and address, and the dates of treatment you want. Ask about any copying charge before you send the request.

Keep a copy of each request, the date you sent it, and everything you receive back. This record helps you respond to the insurer with accurate information.

How Do I Get the Georgia Car Accident Crash Report?

You request the crash report from the law enforcement agency that responded to the crash. Have the date, the location, and any report or case number ready when you ask.

After a crash, many people find it helpful to write down the other driver’s contact and insurance details. The City of Rome’s vehicle accident guidance explains these duties.

A crash report records what was seen and learned at the scene. It does not, by itself, show the full extent of your injuries or who was at fault. Pair it with your medical records and your own notes.

Where Can I Raise a Concern About an Insurance Company in Georgia?

Start by raising the concern with the insurer in writing. Put the date, the claim number, the person you spoke with, and what was said.

Georgia’s insurance regulator is the Office of the Commissioner of Insurance and Safety Fire. Its auto claim tips explain the steps drivers should take after a crash.

Keep every letter, email, and voicemail. A clear timeline makes it easier to see what happened and when.

Talk With T. Madden & Associates About Your Crash

If you’re weighing an insurer’s request right now, a conversation with a lawyer can help you understand your options before you respond.

You may be recovering from injuries while you handle this request. You may also be helping a family member who is. Either way, the decision is hard to make alone.

T. Madden & Associates, P.C. has been in practice since 1999 and has an office in Jonesboro, in Clayton County. Terance Madden is the responsible lawyer for this page. Our team can talk through the insurer’s request with you before you respond. The first consultation is free, confidential, and without obligation. Contact T. Madden & Associates to start that conversation.

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