What to Do If Your Insurance Adjuster Disputes Your Medical Treatment in Vermont

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

Detailed Answer

When an insurance adjuster refuses to acknowledge that your medical treatment stems from a Vermont car accident, you must build clear evidence of causation and follow state procedures to protect your rights.

1. Gather Comprehensive Medical Evidence

• Obtain all medical records, imaging, therapy notes and itemized bills from each provider.
• Request a detailed letter from your treating physician or specialist stating how and why your injuries are related to the collision.
• If necessary, schedule an independent medical examination (IME) under Vermont Rule of Civil Procedure 35 to obtain an unbiased opinion.

2. Document the Accident and Your Symptoms

• Keep a contemporaneous symptom diary noting pain levels, mobility issues and daily limitations.
• Collect photographs of vehicle damage, accident scene, visible injuries and any assistive devices (e.g., braces, crutches).
• Secure statements from witnesses or passengers corroborating the incident and your immediate post-crash condition.

3. Review Vermont’s Insurance Statutes

Under Vermont law an insurer must investigate and pay valid claims in good faith. 8 V.S.A. § 4809 requires prompt claim handling, including timely acceptance or denial:

8 V.S.A. § 4809. Prompt Payment of Claims

If your insurer unjustly delays or denies your treatment, you may pursue statutory penalties alongside your claim for damages.

4. Submit a Formal Demand Package

• Compile your medical evidence, accident report and any expert opinions.
• Draft a demand letter outlining liability, injuries, treatment chronology and total costs.
• Send it via certified mail to establish proof of service under 23 V.S.A. § 1226 for auto liability claims.

5. Consider Legal Action

If negotiations fail, you can file a civil action in Vermont Superior Court. You must adhere to the three-year statute of limitations on personal injury under 12 V.S.A. § 511.

12 V.S.A. § 511. Actions for Personal Injury or Death

At that point, a lawsuit can compel discovery, including depositions and medical examinations, to strengthen your claim.

Helpful Hints

• Act quickly. Early evidence is more persuasive than late recollections.
• Organize documents chronologically to present a clear treatment timeline.
• Keep correspondence with your insurer in writing to avoid misunderstandings.
• Ask your doctor to use specific medical language linking injury mechanisms to the crash.
• Review your policy’s coverage limits and exclusions to set realistic expectations.