Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When you file a car accident injury claim in New York, accurate documentation and timely submission of your medical treatment records can strengthen your case and speed up compensation. Follow these steps under New York law.
1. Obtain Complete Medical Records
- Contact each healthcare provider promptly and request treatment notes, diagnostic images (X-rays, MRIs), itemized bills, and invoices. New York Public Health Law § 18(2) grants you the right to access your records. Public Health Law § 18
- Ask for electronic copies to simplify sharing and reduce mailing delays.
2. Organize a Chronological Treatment Timeline
- Sort all records by date—from initial emergency visit through follow-up care and physical therapy.
- Highlight the date, provider name, diagnosis, treatment type, and cost on each entry.
3. Match Bills with Insurance Payments
- Compare your medical bills to Explanation of Benefits (EOB) statements from your insurer.
- Note any outstanding balances you have paid or still owe.
4. Complete Required Insurance Claim Forms
- For first-party no-fault (PIP) benefits, submit Form DB-450 (“Statement of Claim”) and attach your medical records per 11 NYCRR Part 65. 11 NYCRR Part 65
- For third-party liability claims, insurers may require a signed medical release or assignment of benefits form.
5. Create a Medical Summary Sheet
Draft a concise one-page document listing each injury, all treatment dates, provider names, total costs, and a brief explanation of how each service relates to the accident.
6. Submit Your Records
- Send printed records by certified mail with return receipt or upload via the insurer’s secure portal.
- Keep copies of everything you send and proof of delivery for your files.
7. Respond to Follow-Up Requests
- Under Insurance Law § 5106, an insurer may request additional proof or clarification. N.Y. Ins. Law § 5106
- Provide any missing documents quickly to avoid delays or denials.
Helpful Hints
- Request all records within 30 days of treatment to stay on schedule.
- Maintain an indexed binder or a well-organized digital folder.
- Track mileage and parking expenses for medical visits for additional reimbursement.
- Ask providers to include accurate CPT and ICD-10 codes on bills.
- Consider a professional records retrieval service if you have many providers.