Not automatically, and not without limits. Whether you must hand over records depends on whose insurer is asking: the other driver’s insurer is not a party to your policy, while your own insurer’s request is tied to your policy’s terms and to the Insurance Code. What an adjuster can actually see is set by the authorization you sign, and federal rules require that form to name the information, the people involved, the purpose and an expiration.
The short version
- Ask whose adjuster it is. A request from the at-fault driver’s insurer and one from your own PIP or uninsured-motorist insurer rest on different footing.
- The form is the limit. A HIPAA authorization must describe the information “in a specific and meaningful fashion” and carry an expiration date or event (45 C.F.R. § 164.508(c)(1)).
- Some records need their own form. Psychotherapy notes generally need an authorization of their own (§ 164.508(a)(2), (b)(3)(ii)).
- You can revoke in writing, except to the extent the provider has already acted in reliance on the form (§ 164.508(b)(5)).
- A lawsuit changes the rules. Bills can be proved through a Civil Practice and Remedies Code § 18.001 affidavit served on a set schedule, and that affidavit does not prove causation.
Do I have to give an insurance adjuster my medical records?
It depends on whose insurer is asking. The other driver’s insurer is not a party to your insurance contract, so its request is a request, although a claim you cannot document is hard to settle. Your own insurer’s request is governed by your policy’s conditions and by the prompt-payment deadlines in Insurance Code chapter 542.
After a Houston car accident, two kinds of adjuster may call. One works for the insurer of the driver you say caused the crash. The other works for your own insurer, which may owe you personal injury protection, medical payments or uninsured and underinsured motorist benefits. The Texas Department of Insurance tells consumers an adjuster “works for the insurance company” that is paying the claim (TDI, Working with an insurance adjuster, updated October 2024), so a records request comes from a party with its own stake in the claim.
Our note on what to know before the first adjuster call covers the recorded-statement side; this article stays on records.
What does a valid medical authorization have to say?
Federal rules require six core elements: a specific description of the information, who may release it, who may receive it, the purpose, an expiration date or event, and your signature and date. The form must also state your right to revoke and warn that the recipient may pass the information on (45 C.F.R. § 164.508(c)).
Unless a rule permits the disclosure, a covered provider may not release your chart without a valid authorization (§ 164.508(a)(1)). The elements below are from the Cornell Legal Information Institute’s copy of 45 C.F.R. § 164.508, read on 16 October 2026.
| Required element | Source | What to check |
|---|---|---|
| Description of the information | § 164.508(c)(1)(i) | Whether it names providers, dates and crash injuries, or just says “all records.” |
| Who releases and who receives | § 164.508(c)(1)(ii)-(iii) | Whether the recipient is the insurer alone or also vendors and “agents.” |
| Purpose | § 164.508(c)(1)(iv) | That it matches the claim being handled. |
| Expiration date or event | § 164.508(c)(1)(v) | A date or event tied to you or the purpose, not a blank. |
| Signature and date | § 164.508(c)(1)(vi) | That you sign for yourself, or that a representative’s authority is described. |
| Revocation and redisclosure statements | § 164.508(c)(2) | Notice of your right to revoke in writing and that recipients may pass the information on. |
Under § 164.508(b)(2) an authorization is not valid if its expiration date has passed, a required element was left incomplete, the provider knows it was revoked, or the provider knows material information in it is false; the rule lists further defects.
Can I limit what a medical authorization covers?
Yes, within the form’s own terms. An authorization can name a provider, a date range and the injuries from the crash. Psychotherapy notes generally need an authorization of their own, which may not be combined with other kinds.
That wording is the main tool you have. A form naming one hospital and the dates from the crash forward asks for something different from a form reaching every provider you have ever seen. Three other features of § 164.508 matter:
- Revocation. You may revoke at any time if you do it in writing, except to the extent the provider has already acted in reliance on the form or, for an authorization obtained as a condition of insurance coverage, other law lets the insurer contest a claim (§ 164.508(b)(5)).
- Redisclosure. The form must warn of “the potential for information disclosed pursuant to the authorization to be subject to redisclosure by the recipient and no longer be protected by this subpart” (§ 164.508(c)(2)(iii)).
- Texas overlay. Health and Safety Code § 181.154(b) says a covered entity may not electronically disclose protected health information to any person without a separate authorization for each disclosure, subject to the exceptions in subsection (c) such as disclosures between covered entities for treatment or payment, or as otherwise authorized or required by law; see chapter 181.
Harris Health’s own authorization form shows where an end date goes: its expiration section says the authorization lapses 180 days after signing unless a date or event is written in, and a withdrawal section asks for written notice (Harris Health authorization form, read October 16, 2026). Ask how long a claim usually takes, then pick a date, and see claim tips.
Is my own insurer’s records request different from the other driver’s?
Yes, in how it is governed. Your own insurer’s investigation runs on your policy’s conditions and on chapter 542, which lets it request the items it reasonably believes it needs and make later requests. For personal injury protection, benefits are due within 30 days after the insurer receives satisfactory proof of the claim.
Chapter 542’s deadlines reach a first-party claim: one an insured makes under a policy that the insurer must pay directly to the insured (§ 542.051(2)). Section 542.055(a)(3) lets the insurer ask for “all items, statements, and forms that the insurer reasonably believes, at that time, will be required,” and subsection (b) allows further requests when the investigation makes them necessary (chapter 542). The deadlines are laid out in insurers that stall Houston injury claims, and the first-party versus third-party split is in our guide to insurance claims and lawyers.
Personal injury protection has its own rules. Section 1952.156(a) of the Insurance Code sets payment at no later than the 30th day after the insurer gets satisfactory proof of the claim, and § 1952.154 lets an insurer paying lost-income benefits require “reasonable medical proof of the insured’s injury causing loss of income” (chapter 1952). PIP is payable regardless of who was at fault (§ 1952.155(a)); fault percentages matter for the claim against the other driver.
The same thinking applies to uninsured and underinsured coverage, the route after a Houston hit-and-run or a crash with an underinsured driver; how those claims work shows why that adjuster scrutinizes the medical picture.
The state’s consumer guide adds that the insurer “may also ask you to have a medical exam,” and that “the prompt payment law doesn’t apply if another driver’s insurance company is paying the claim,” although that company “must act in good faith and try to settle your claim quickly and fairly” (TDI, Auto insurance guide).
Should the adjuster see my whole medical history?
Medical history matters when it bears on the injury being claimed. Earlier treatment for the same neck, back or knee bears on the claim; unrelated care is a separate question. A request for every record, with no date range or body part, raises a scope question that is better settled in writing before anything is signed.
An adjuster may ask for broad history because a back injury can be valued differently when the chart shows earlier back treatment. That does not put earlier records off limits. When a crash worsens an existing condition, the prior records can show the change, which we explain in proving that a crash aggravated an earlier condition.
The same authorization questions arise after a motorcycle crash or an 18-wheeler collision. Other care raises its own questions: chiropractic and similar care in a claim is one, and head injuries are covered in our piece on brain injury compensation.
What happens to my medical records if a lawsuit is filed?
Requests move from an adjuster’s form to the court process, where disputes about scope go to a judge. Billing can be proved by a Civil Practice and Remedies Code § 18.001 affidavit served on a schedule, and recoverable medical expenses are limited to what was actually paid or incurred under § 41.0105.
The other side seeks records through formal discovery, and a disagreement about scope is decided by the court rather than by whoever sent the form. A lawsuit for crash injuries is usually due within two years of accrual (§ 16.003(a), Civil Practice and Remedies Code); the filing-deadline article for Sugar Land crashes covers that clock.
Under § 41.0105, recovery for medical expenses stops at the sums actually paid or incurred for the claimant, by the claimant or by someone else (chapter 41), so the payments and adjustments in your bills matter next to the chart notes. How those figures feed into a number is in putting a dollar figure on a Houston crash claim and the list of damages types.
What is a Section 18.001 billing affidavit?
It is a sworn statement, made by the provider or the person in charge of billing records, that the amount charged was reasonable and the service necessary, with an itemized statement of charges. Unless a controverting affidavit is served, it is sufficient evidence of those two points, but it is not evidence of causation.
Section 18.001 applies to civil actions (chapter 18). The affidavit must be sworn before an officer who can administer oaths and must come with an itemized list of the services and their charges (§ 18.001(c)). Subsection (b) says it does not support a finding on causation, which must be proved separately.
| Document | Served by the earliest of | Subsection |
|---|---|---|
| Billing affidavit | 90 days after the defendant files an answer, or the expert-designation date set by court order or the Texas Rules of Civil Procedure | (d) |
| Counteraffidavit | 120 days after the answer, or the expert-designation date set by court order or the Rules | (e) |
| Supplement for continuing services | Affidavit: by the 60th day before trial. Counteraffidavit: by the 30th day before trial. | (h) |
Subsections (d-1) and (e-1) set different dates for services first provided after the answer. A counteraffidavit must come from someone qualified to testify against the charges and cannot be used against causation (§ 18.001(f)). All parties can agree to change a deadline, or the court can allow it (§ 18.001(i)).
How should I respond to a records request?
Ask who is requesting the records and why, get the form in writing, and read each element before signing. Keep a copy of what you sign and a list of what you send. If your own insurer is asking, answer in writing, ask for more time if you need it, and let your attorney see the form first.
- Identify the requester. Note the adjuster’s name, the insurer, the claim number and whether the claim is under your policy or the other driver’s. TDI suggests asking when to expect the insurer’s offer.
- Send what supports the claim. The TDI guide says to tell the company you were hurt and, if you saw a doctor or went to an emergency room, to give it copies of the medical reports and bills.
- Prefer identified records to blanket access. Sending named records is different from signing a form that lets the insurer collect anything it likes.
- Keep your own log. Write down what you sent and when; payment terms such as structured or lump-sum payment come later.
Insurer claim-handling practices are a separate subject. For the first days after a crash, turn to the checklist of first steps and the Houston car accident FAQ.
How does Maida Law Firm handle records requests?
An authorization is worth a question before you sign it: ask what it covers, how long it lasts and whether it names specific providers. Records requests arrive early in a claim, so settle those terms first, and keep your own copy of whatever you send the insurer.
Read the authorization line by line. Browse the personal injury practice page and the auto accident page, compare firms with five questions to ask before hiring and what an accident lawyer costs in Houston, then use the contact page for specific questions. A copy of the crash report is covered in ordering a Houston crash report, and the documents to gather before a case evaluation include the records you would otherwise be asked to release.
Frequently asked questions
How long does an insurance adjuster have to review medical records?
No single deadline fits every claim. On a claim under your own policy the insurer must announce acceptance or rejection within 15 business days once it holds everything it required (Insurance Code § 542.056), and PIP benefits are due within 30 days after satisfactory proof (§ 1952.156). For the other driver’s insurer, TDI says the prompt-payment law does not apply.
What medical records do I need to give an insurance adjuster?
The records showing the crash injuries and the treatment for them: emergency or urgent-care notes, imaging reports, physician and therapy notes, and itemized bills. TDI’s auto insurance guide tells people who saw a doctor or went to an emergency room to give the company copies of the medical reports and bills.
When should I submit medical records to an insurance adjuster in an accident claim?
Send them when your own insurer asks for specific items on a policy claim, or when a demand to the other driver’s insurer is ready. Settling before treatment ends can leave out care still to come, so ask your attorney whether the records are complete enough to send.
How far back should medical records go when releasing them to an insurance adjuster?
As far back as the records bear on the injury being claimed. If the crash hurt your lower back and you had earlier lower-back treatment, those records bear on it; unrelated care is a separate question. Put the date range and body parts into the authorization instead of leaving it open.
What medical records should I not send to an insurance adjuster after a car accident?
No single list fits every claim, but the request should match the injury. Psychotherapy notes generally need their own authorization under 45 C.F.R. § 164.508, and records of unrelated treatment can be left out of a narrowly drawn form. Have an attorney read any authorization reaching beyond the injuries and dates at issue.
After a medical release, how long does the insurance company have to settle a claim?
The deadlines come from the kind of claim, not from the release. Under your own policy the insurer generally has 15 business days to decide after it holds the required items and 5 business days to pay after agreeing (Insurance Code §§ 542.056 and 542.057). TDI says the prompt-payment law does not apply when another driver’s insurer is paying the claim.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.