Seattle, WA asked in Personal Injury, Health Care Law and Car Accidents for Washington

Q: Does a Proof of Representation or a Consent to Release allow an insurance adjuster access to all of my medical records?

I am in the middle of negotiating a settlement amount with the at fault drivers insurance company and they have sent me a Proof Of Representation and a Consent to Release form saying I have to fill out both in order to receive my settlement check. I am a Medicare recipient but have kept my Medicare number private and submitted all medical documents required and only sent the insurance company (at fault driver's insurance co) related iinfo directly related to my current claim. Because I am not represented by an attorney(not by choice) I have been left to handle my own injury claim. So far i have been successful and now negotiating with them on a fair settlement. Which of these forms is REQUIRED vs optional if either of them are? I assume the Consent to Release is a requirement releasing all parties etc. Insurance co has put their names on the POL (who are themselves) in order to deal with Medicare. I really need an attorney that offers unbundled legal representation for this part!!!

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Washington attorney could advise best, as it's possible some claim forms might be state-specific. In terms of release of medical records, a HIPAA form is generally used. Such forms generally provide for selection of the scope of medical information to be released (range of dates of service, entire file, etc.). In terms of proof of representation, it seems the carrier may be trying to confirm that an attorney is not representing you in the claim. This is something a local attorney should probably advise on. In terms of unbundled (piecemeal) representation, that could take some phone calls or inquiries. In addition to your own searches, there are state and local bar association attorney referral resources. There is a tab above (Find a Lawyer). Those resources are outside this Q &A forum and any arrangements you make are between you and the law firms you reach out to. Good luck

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