bold-wolf-3775/15/2026

Other driver's insurance asking for my husband's medical records — do we even need a lawyer?

Hey everyone, hoping to get some perspective from people who've been through this.

My husband got rear-ended on the interstate about seven months ago — totally the other driver's fault, confirmed by the police report. He didn't take an ambulance at the scene because the pain felt manageable at first, but within a few days his neck and upper back were really bad. Ended up seeing a spine specialist, got diagnosed with a herniated disc, and spent the last several months doing a combination of injections and physical therapy.

He's doing better now but honestly not 100% — still has flare-ups and his doctor hasn't fully discharged him yet.

The other driver's insurance company has been relatively civil so far. They've accepted liability and now they're asking us to submit all his medical records and billing statements so they can "evaluate the claim." They said once they review everything they'll put together a settlement offer.

Here's where I'm stuck: do we just hand over the records and wait to see what number they throw at us? Or do we need to get an attorney involved before we do anything?

I keep going back and forth. On one hand, it feels like a pretty clear-cut case — liability isn't in dispute. On the other hand, I've heard stories about people getting lowballed and not realizing it until it's too late and they've already signed something.

Also — he's still treating! Does it even make sense to settle before his doctor signs off? I don't want him to accept something, sign a release, and then need more treatment down the road with no way to cover it.

Any advice from people who've navigated this would be really appreciated. We're kind of flying blind here.

8 replies

Most helpful first

quiet-crane-3225/15/2026
Oh man, I was in almost this exact situation two years ago. Different injury but same setup — liability wasn't disputed and the other carrier kept telling me just to send over the records and they'd "take care of us." I did it without a lawyer and honestly I think I left a lot on the table. The offer they came back with felt reasonable until I actually broke down what my out-of-pocket costs were over time. By then I'd already signed. Don't rush this.
- bold-fox-7925/15/2026
  Not legal advice, but I'll say this much: the fact that he's still actively treating is a really important detail. Settling before you've reached what's called "maximum medical improvement" means you're essentially guessing at what his future needs will be. Once you sign a release, that's typically it — no going back for more money even if things get worse. At minimum, I'd encourage you to get a free consultation with a PI attorney before you send anything over. Most don't charge unless they recover something for you.
spry-swift-8775/15/2026
Please do not hand over those records without talking to someone first. The adjuster asking for billing and diagnosis records is standard — but how they use those records is where it gets tricky. They will look for anything they can use to minimize the payout. Pre-existing conditions, gaps in treatment, anything. They're not working in your husband's interest, full stop.
- candid-marten-0805/15/2026
  From a medical standpoint — a herniated disc with ongoing flare-ups is not a "resolved" injury. His treatment trajectory matters a lot here. If he's still symptomatic and his provider hasn't discharged him, settling now could be really premature. Future imaging, additional injections, possibly surgery down the line — none of that would be covered once you settle. Make sure his doctors are documenting everything thoroughly right now, including how the injury is affecting his daily life and work.
calm-wolf-1095/15/2026
I used to work on the claims side and I'll be straight with you: when a carrier accepts liability early and then asks for records directly from the claimant, they're often trying to move toward a quick, low settlement before the injured person fully understands the value of their claim. It's not always malicious, but the incentive is absolutely to close the file cheaply. The fact that your husband is still treating makes this even more important to slow down. A represented claimant almost always gets a different conversation than an unrepresented one.
cool-marten-7205/15/2026
A couple of practical things: first, you're not obligated to send records on the insurance company's timeline. They may act like there's urgency but there usually isn't. Second, you can absolutely consult with a personal injury attorney before deciding whether to hire one — most offer free consultations and it doesn't commit you to anything. They can give you a realistic read on whether the claim is complex enough to need representation. Given the ongoing treatment and a disc injury, I'd lean toward at least having that conversation.
plain-hare-4075/15/2026
Two things: don't settle while he's still in treatment, and get a free consult with a PI lawyer before you send a single page of records. That's it. Those two things. Everything else can wait.
calm-crane-2385/15/2026
I just want to say — it's really stressful being in this position and I'm sorry you're dealing with it on top of everything else. The fact that you're asking questions and not just jumping to sign something shows good instincts. Take your time, you don't have to rush.