Ask a Lawyer - Archive

Must I give my auto insurance company permission to obtain and review all of my medical records relating to an accident because of which I am bringing an Uninsured Motorist claim?

Thank you for your question. Please note that I am a licensed, Texas attorney, and you should always seek the advice of a local attorney. The standard Texas Auto policy is regulated by statute, in particular, the Texas Insurance Code. hat standard Texas Auto policy will often include language pertaining to the duties of the insured. Among these duties are often found a specific set of duties dealing with an Uninsured Motorist claim.

These duties often require the insured claimant to perform the following tasks: The insured must cooperate with the insurance company; the insured must provide written and/or oral recorded statements at the request of the insurance company; the insured must permit the insurance company to inspect the damaged vehicle before repair or disposal; the insured must submit to medical examinations at the insurance company's expense and at the doctor of the insurance company's choosing as often as the insurance company reasonably requests; and, the insured must permit the insurance company to obtain and review all medical records reasonably related to the injuries asserted.

The Texas Supreme Court has repeatedly construed such duties imposed by the policy as a contractual obligation, and these duties are conditions precedent to coverage. In other words, the insured must perform the contractual duties or they will not be covered. More importantly, though, I would strongly advise you to seek the advice of a local, licensed attorney. A personal injury attorney can help you peruse your Uninsured Motorist claim.