No. Under Florida law and federal law, an insurance company will not have access to your medical records without your consent. Your medical records are protected by HIPAA privacy laws. However, if the insurance company you’re referring to is your own insurance company, you have an obligation to cooperate, and if you fail or refuse to provide your medical records, you are not going to get coverage from your insurance company. Vice versa, if this is the at-fault insurance company, they are not going to settle your case or seriously consider your claim if you don’t provide them with your medical records. Ultimately, in the end, if you have to file a lawsuit, by law, the other party, through discovery, through procedures available in the litigation process, will be entitled to obtain those medical records.
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