Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance about your situation.
Detailed Answer
When you sustain injuries in a car crash in Vermont, you rely on the at-fault drivers insurer to cover your medical bills. Insurers may initially investigate liability before agreeing to pay. Follow these steps to improve your chances of a swift liability acceptance:
1. Report the Accident Promptly
Within 72 hours, notify your own insurer and, if possible, the at-fault drivers insurer. Vermont law requires that you present proof of insurance upon requestsee 23 V.S.A. 701.
2. Gather Thorough Evidence
3 Obtain a police report with witness statements.
3 Take photos of the scene, vehicle damage, and visible injuries.
3 Request surveillance or traffic camera footage if available.
3. Document Medical Treatment
Keep detailed records of all diagnoses, treatments, bills, and related expenses. Ask providers for itemized bills and records. Compile this documentation chronologically to show causation and necessity.
4. Send a Formal Demand Letter
Draft a written demand outlining the facts, injuries, treatment, and total expenses. Cite relevant policy language if you can. Send the letter via certified mail with return receipt to create a proof-of-delivery trail.
5. Follow Up and Negotiate in Good Faith
Stay in contact with the adjuster. If they request additional information or documentation, respond promptly. Keep copies of all correspondence and call logs. Under Vermonts Unfair Claims Settlement Practices Act, an insurer must investigate claims reasonablysee 8 V.S.A. 707.
6. Consider Filing a Lawsuit
If negotiations stall, you may file suit in Vermont Superior Court within three years from the date of the accidentsee 12 V.S.A. 7102. Filing a lawsuit can prompt insurer action and protect your right to recover.
Helpful Hints
- Maintain a detailed accident journal noting dates, times, symptoms, and pain levels.
- Never sign any medical lien or release without first seeking legal advice.
- Keep copies of every document: medical records, correspondence, and invoices.
- Request a copy of the insurers declarations page showing policy limits.
- Consult an attorney before giving any recorded statements under oath.