After a car accident, your life can feel like it has turned upside down. You are likely dealing with pain, missed work, and a pile of medical bills. On top of that, insurance companies are calling you, demanding proof of your injuries. It is a stressful time, and it’s completely normal to feel overwhelmed.
One of the most important things you can do for your personal injury claim is to get your medical records. These records are not just notes from your doctor; they are evidence that proves you were hurt. Without them, the insurance company may try to say your injuries are not real or that they happened somewhere else.
Getting these records might sound hard, but you have the right to see them. This guide will explain how to request your medical records in Missouri, what the law says, and why you must be careful when dealing with insurance adjusters.
Key Takeaways About How to Get Medical Records After an Accident in Missouri
- You have a legal right to your medical records under federal HIPAA law and Missouri law, and providers must give them to you after a written request.
- Medical records must be requested in writing, usually through a HIPAA authorization form, and you can ask for specific dates and types of records.
- Providers can charge a reasonable, limited fee, and generally have up to 30 days (with one possible extension) to provide your records.
- Medical records are critical evidence because they document your injuries, link them to the accident, and show the financial cost of treatment.
- You should not sign an insurance company’s medical authorization, as it may allow access to your entire medical history instead of only accident-related records.
Your Legal Right to Getting Your Medical Records
You have a right to access your own health information. This right is protected by a federal law called the Health Insurance Portability and Accountability Act, or more commonly known as HIPAA. This law ensures that your private health information belongs to you and that you can inspect or get copies of it.
In Missouri, state laws also protect your access to these records. According to Missouri Revised Statute 191.227, all health care providers must give you a copy of your health history and treatment records if you ask for them in writing.
This means you do not have to beg for your records. The law says the hospital or doctor must give them to you within a reasonable amount of time. If they refuse or take too long, they are breaking the rules.
Step-by-Step Guide to Getting Your Medical Records in Missouri
Requesting your records is a formal process, but it’s easy to do if you follow these steps:
1. Find the Right Department
Call the hospital or doctor’s office where you were treated. Ask to speak to the “Medical Records Department” or the “Health Information Management Department.” Ask them specifically what form you need to fill out to get a copy of your records.
2. Submit a Written Request
Most providers will require you to sign a form called a “Release of Information” or a “HIPAA Authorization.” You must do this in writing. You cannot just ask over the phone. On the form, you will need to provide:
- Your full name and date of birth.
- Your Social Security number (often just the last four digits).
- The specific dates of treatment you need (for example, the day of your accident).
- The type of records you want (like X-rays, doctor’s notes, or billing statements).
3. Choose How You Want Them Sent
You can usually ask for paper copies or electronic copies. Electronic copies (like a PDF file sent via email or on a CD) are often faster to get and cheaper to pay for.
4. There Is a Fee
While the records belong to you, the doctor is allowed to charge you for the cost of copying and mailing them. Under federal HIPAA rules, this fee must be reasonable and cost-based (covering only labor and supplies). Missouri law also sets specific limits on these fees, which are adjusted every year.
However, it is critical to note that a personal injury attorney will likely cover the cost of this, meaning you won’t have to pay out of pocket for these records.
5. Wait for the Records
Under HIPAA rules, your provider generally has 30 days to respond to your request. If they need more time, they must tell you why, and they can only extend the deadline once for another 30 days.
Why Medical Records Are Crucial Evidence
In a personal injury case, your word is not enough. You need proof that someone else’s negligence caused the accident and your injuries. Your medical records tell the story of your injury in a way that insurance companies cannot ignore.
These records prove:
- The Severity of Injury: They show exactly what was broken, bruised, or damaged.
- The Cause: Doctors often write down that your injury was caused by a “motor vehicle accident.” This links your pain directly to the crash.
- The Cost: Medical bills show exactly how much money you have lost because of someone else’s mistake.
In addition to medical records, you should try to collect other evidence like photos of the scene, witness contact information, and the official police report. According to Missouri Revised Statute 303.040, accidents involving injury or more than $500 in damage must be reported, and this report is a key piece of evidence alongside your medical files.
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Don’t Fall for Insurance Companies’ Tricks
There is one major mistake that many accident victims make: signing the insurance company’s medical authorization form.
After an accident, the other driver’s insurance adjuster may call you. They will sound friendly. They might say, “We just need you to sign this form so we can pay your bills.”
Do not sign it.
When you sign their form, you might be giving them permission to look at your entire medical history, not just the records from the accident. They will look for old injuries from years ago.
For example, if the car accident you were in caused you to suffer a spinal cord injury, they can look back at an old back injury from ten years ago, and they will try to argue that your current pain is from that old injury, not the car crash. This is a tactic used to deny your claim or pay you less money than you’re actually owed.
This is why it’s important to always talk to a lawyer before you speak to adjusters or sign anything from an insurance company. You want to provide only the records that are relevant to the accident, not your entire medical history.
How Long You Have to File a Car Accident Claim in Missouri
There is a deadline to file your injury claim to receive compensation. In other words, if you don’t file a claim within a certain time, you can’t get the money you need to cover your medical bills and other losses.
In Missouri, under Revised Statutes 516.120, you generally have five years from the date of the accident to file a lawsuit for personal injury. While five years sounds like a long time, building a case takes months or even years. Evidence can disappear, and memories fade. If you wait until the deadline has passed, you will lose your right to sue, no matter how bad your injuries are.
Frequently Asked Questions
Can I get records for a deceased family member?
Yes. If a loved one passed away in an accident, the personal representative of their estate (usually appointed by a will or a court) has the right to request their medical records.
What if my records are incomplete?
Sometimes mistakes happen. If you notice pages are missing or the notes are wrong, contact the medical records department immediately. You have the right to ask for an amendment to your files if they are incorrect.
Do I need a lawyer to request records?
No, you can do it yourself. However, a lawyer can handle this process for you, ensuring that you get the right documents and that the insurance company does not see things they shouldn’t.
Our Lawyers Will Take Care of Everything for You
Dealing with hospitals and insurance companies is exhausting, especially when you are in pain. You should not have to fight this battle alone.
At DM Injury Law, we understand what you are going through. We know that the system is often stacked against regular people, and we are here to level the playing field. Our team has won over $1 billion because we know how to use medical evidence to build undeniable cases.
We believe that everyone deserves high-quality legal help, regardless of their income. That is why we offer:
- Free Consultations: It costs you nothing to talk to us and see if you have a case.
- No Fee Unless We Win: We do not get paid unless we get money for you. You never have to worry about ANY upfront bills.
- Full Support: Our large staff of attorneys and legal professionals will handle every aspect of your case, from collecting those hard-to-get medical records to negotiating with the insurance company.
While you focus on healing, we’ll focus on your case and future. Contact us online today or call us at 816-888-7500 to schedule your free consultation.
DM Injury Law has offices all over Missouri. Contact our car accident lawyers for help today: