Detailed Answer
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
As a passenger injured in a Vermont motor vehicle accident, maintaining continuity of care is critical to protect your injury claim. In Vermont, you may seek compensation from the at-fault driver’s liability insurer or, if you have your own Personal Injury Protection (PIP) coverage, from your own insurer under 23 V.S.A. § 1114. Consistent, well-documented medical treatment demonstrates the seriousness and progression of your injuries. Here’s how to preserve and strengthen your claim:
- Seek Prompt Medical Evaluation: Visit an emergency department or urgent care immediately after the accident, even if injuries seem minor. Early documentation under 23 V.S.A. § 1114 helps tie your injuries to the crash.
- Choose a Primary Treatment Provider: Select one main provider (e.g., a chiropractor, physical therapist, or orthopedist) and inform all other treating professionals of that choice. This creates a single, consistent treatment record.
- Follow the Prescribed Treatment Plan: Attend all scheduled appointments, therapies, and follow-ups. Gaps or missed appointments can be used by insurers to argue that your injuries weren’t serious.
- Document Every Visit and Expense: Request and keep copies of medical records, diagnostic reports (such as MRIs or X-rays), bills, and receipts. Organize them chronologically to show a clear treatment timeline.
- Notify Insurers and Preserve Coverage: Report the accident to the at-fault driver’s insurer and, if applicable, to your own insurer for PIP benefits within the deadlines specified by Vermont law. Late notice may jeopardize benefits.
- Maintain Personal Injury Logs: Keep a daily symptom and treatment journal. Note pain levels, medication schedules, therapy exercises, and how injuries affect daily activities.
- Coordinate with Legal Counsel: If you hire an attorney, authorize all medical providers to share records with them. Your attorney can help gather evidence and ensure no gap in your file.
- Obtain Referral Letters: Ask your primary provider to issue referral letters when you see specialists. This links each referral back to the original treatment plan.
- Avoid Independent Adjustments: Do not alter your treatment plan without discussing it with your provider and attorney. Sudden changes can create inconsistency.
- Monitor Insurance Deadlines: Under Vermont’s personal injury protection statute (23 V.S.A. § 1114) and general tort claim deadlines, timely filing is essential to preserve your rights.
Helpful Hints
- Carry a small notebook to record pain levels and medication times immediately after each treatment.
- Use certified mail or email with read receipts when providing notice to insurers or sending records.
- Confirm all appointments in writing, either via email or text, and keep screenshots.
- Ask your provider for written treatment summaries at regular intervals.
- Keep copies of insurance policies and understand your PIP coverage limits under 23 V.S.A. § 1114(c).
- Request itemized bills promptly and review them for accuracy.
- Maintain a folder—physical or digital—labeled by date for all accident-related documents.