Motor Not allowed access to my own medical report!

I was in a car accident last year and I'm in the process of settling the claim for personal injuries.

The other driver's insurance company asked for a medical report so my physiotherapist wrote them a letter outling my case history, treatment and prognosis. The insurance company paid them for this letter.

I then received a settlement offer from the insurance company.

But I think it would be foolish to negotiate with them based on a medical report that I haven't seen! I asked my physio for a copy of the report and they wouldn't give it to me. They said that the insurance company paid for it and by law they've no right to share it with me.

I've asked the insurance company for a copy and surprise, surprise, they haven't responded to the request.

I was in with my solicitor the other day and he says I'm entitled to a copy of the medical report from my physio.

What say ye? I'm a bit annoyed with the physio to be honest, having spent the bones of €1,500 on sessions there I feel this is very shoddy treatment.

Have a read of this site and start quoting the reliant laws to them : http://www.dataprotection.ie

As far as I know if they are relying on their medical reports they are meant to share them with you.

A relative of mine is going through a similar claim as a result of a car accident. A few weeks ago his solicitor wrote to him enclosing a copy of the settlement offer letter from the insurance company. He received a copy of the physio’s report with it (that the insurance company had sent his solicitor).

If I were you I would instruct your solicitor to request it from the insurance company – after all he is the one who is meant to be acting on your behalf & in your best interests (?).

Did you give permission for your physio to send a report to the Insurance Company?

Send in a Data Protection Request to the Insurance Company requesting all data including report. Actually, send one to the physio requesting a copy. If they don't comply take it further.

bubble said:

Did you give permission for your physio to send a report to the Insurance Company?

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I did - in fact I asked them to write the report for the sole purpose of presenting it to the insurance company in order for them to consider the damages involved.

It never occured to me that I wouldn't be given a copy!

I do not think you are entitled to a copy. These reports are prepared and delivered in contemplation of legal proceedings, which means that they are a priviliged document to the insurer.

Most insurers will show give a copy to your solicitor for discussions.

My Solicitor received a copy of my phsyio, GP and hospital records from the insurance company along with the settlement offer, would have presumed this was standard.