Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
When you ride as a passenger in a crash, timely and consistent medical care helps prove your injuries and link them to the accident. Here’s how to maintain continuity of care under Virginia law:
1. Seek Immediate Medical Attention
Even if you feel fine, visit a hospital or urgent care within 24–48 hours. Early documentation of symptoms or treatment helps establish causation and damages. Virginia Code §8.01-243 requires you to act promptly; delays can hurt your case. (Va. Code § 8.01-243)
2. Follow Medical Recommendations
After your exam, stick to the doctor’s treatment plan. Attend all follow-up visits. If your doctor refers you to specialists—such as physical therapists, orthopedists, or chiropractors—keep those appointments. Consistent treatment shows the seriousness of your injuries.
3. Use a Single Primary Care Team
Whenever possible, let one physician or clinic coordinate your care. Switching providers without clear medical reason creates gaps insurers can challenge. If you must change providers, get a referral, note the reason, and transfer your records.
4. Document Every Treatment
Keep copies of all medical records, bills, prescriptions, and test results. Track appointment dates, mileage to medical facilities, and out-of-pocket costs. These records substantiate your claim for medical expenses and lost wages.
5. Notify Auto Insurers Promptly
Under Virginia law, you must provide prompt notice to the at-fault driver’s insurer. Notify your own insurer too, especially if you have MedPay. Early notice ensures you can access medical payment coverage. (Va. Code § 38.2-2211)
6. Track Your Symptoms
Maintain a daily journal of your pain levels, mobility limitations, and emotional impact. Regular symptom logs bolster your claim by showing ongoing effects.
7. Consult an Attorney Before Settling
Before accepting any settlement offer, speak with a personal injury attorney. They’ll review whether the offer covers future care and compensation for pain and suffering.
Helpful Hints
- Always keep a copy of your medical files in digital and paper form.
- Use a calendar or app to remind you of upcoming appointments.
- Save receipts for all treatment-related expenses, including travel and over-the-counter medications.
- Communicate clearly with doctors: report all symptoms, even minor ones.
- Ask for written referrals when changing providers to avoid gaps in your records.
- Understand that Virginia’s two-year statute of limitations begins on the accident date. Don’t wait to file a claim.