Detailed Answer
When you file an injury claim after a car accident in West Virginia, accurate medical records strengthen your case. Follow these steps to document and submit all treatment records:
- Report the Accident: File a motor vehicle crash report with the West Virginia Division of Motor Vehicles within 10 days of the wreck. This is required by WV Code §17C-4-4.
- Gather Medical Records: Contact every health care provider who treated you, from the emergency department to specialists and therapists. Sign a HIPAA-compliant release form to obtain complete records, including notes, test results and imaging. See 45 C.F.R. §164.524.
- Organize Chronologically: Sort records by date of service. Group ER visits, follow-up visits, physical therapy and prescription records in order. Label each file clearly to help your adjuster review them quickly.
- Obtain Detailed Billing Statements: Request itemized bills from hospitals, doctors’ offices, labs and pharmacies. Make sure they show dates of service, procedure codes, hours billed and balances paid or outstanding.
- Request a Physician’s Narrative Report: Ask your primary treating doctor to prepare a summary of diagnoses, treatments, future care needs and functional limitations. A clear narrative report adds credibility to your claim.
- Prepare a Cover Letter: Create a one-page letter that lists all attached records, notes the dates covered and explains the nature of your injuries. Include your claim number, date of accident and adjuster’s name.
- Submit to Your Insurer: Send the cover letter and organized records to the insurance adjuster handling your claim. Use certified mail with return receipt or secure electronic submission, if the insurer offers a claim portal.
- Keep Proof of Submission: Save copies of everything you send and proof of delivery. Retain postal receipts or electronic confirmation messages in your file.
- Monitor Deadlines: Track the two-year statute of limitations for personal injury claims in West Virginia. You must file suit within two years of the accident per WV Code §55-2-12, or you risk losing your right to recovery.
Maintain open communication with your adjuster. Respond promptly to any requests to avoid unnecessary delays or disputes over documentation.
Helpful Hints
- Keep duplicates of every record you submit.
- Note appointment dates and treatments in a simple log or spreadsheet.
- Track out-of-pocket costs for prescriptions, travel and therapy sessions.
- Store digital copies in a secure cloud folder for backup.
- Ask your doctor to explain medical jargon in plain language.
- Follow up with your insurer in writing if you don’t receive an acknowledgment within 30 days.
- Consult an attorney if the insurer denies or undervalues your claim or requests records repeatedly.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.