THE 5-YEAR MEDICAL HISTORY IN A UTAH CAR ACCIDENT. WHY DO I NEED TO PROVIDE IT?

Ruling Out Pre-Existing Injuries with a 5-Year History. Why Provide It?

Utah car accident lawyer Jake Gunter.  Call/TXT (801) 373-6345 for a free consult.Often when you are in a Utah car accident the at-fault insurance company will ask for a 5 or 10-year medical history. The basics of providing a medical history are:

(1). Name of the medical provider or clinic.
(2). When you treated there.
(3). What did you treat there for?

Purpose of Providing a Medical History

The insurance company wants this information to determine if you were suffering from pre-existing injuries in the same body parts. The insurance company only wants to pay for the injuries they cased (or none at all). Utah law only requires the at-fault party to pay for the harms and damages that they cause or aggravate, not injuries they didn’t cause. The extent of aggravation of an old injury is for the jury to determine.

Giving this information to the at-fault insurance company will often quell their concerns that you had pre-existing injuries. Providing a medical history gives the adjuster enough information to satisfy their boss in order to pay policy limits. Often getting a good settlement or policy limits is a matter of papering the adjuster’s file enough to justify the settlement to their boss.

Utah Rule of Civil Procedure 26.2

Some injured people will refuse or be hesitant to give a 5-year medical history to an insurance company. Citing privacy and other valid concerns.

If a lawsuit is filed Utah Rule of Civil Procedure 26.2(b)(2) requires a 5-year medical history. 26.2 States:

“A list of all other health care providers who treated or examined the plaintiff for any reason in the 5 years before the event giving rise to the claim, including the name, address, approximate dates of treatment, and a general description of the reason for the treatment.”

Not providing a 5-year medical history when requested by the insurance adjuster will drive a low settlement offer and thus drive the matter into litigation.

CALL/TXT UTAH CAR ACCIDENT LAWYER JAKE GUNTER (801) 373-6345 FOR A FREE CONSULT ON YOUR INJURY CASE