Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Texas law, a person injured due to another’s negligence may recover “economic damages,” which include reasonable and necessary medical care and expenses. Travel costs to and from medical appointments fall under this category. See Texas Civil Practice & Remedies Code § 41.001(8) and § 41.001(11).
1. Determine Eligible Travel Expenses
Count all out-of-pocket expenses directly related to treatment. This typically includes:
- Mileage driven for appointments
- Parking and toll fees
- Public transit fares or rideshare charges
- Lodging or meals, if treatment necessitates an overnight stay
2. Track and Document Every Trip
Keep a contemporaneous travel log. Note date, starting point, destination, purpose, and odometer readings. Save all receipts—gas, tolls, parking, rideshares, hotel bills, and meal expenses.
3. Calculate Mileage Reimbursement
Texas courts generally accept the IRS standard mileage rate as a reasonable measure. Refer to the IRS Standard Mileage Rates for the current rate and multiply by total business miles driven.
4. Compile a Medical Expenses Summary
In your demand letter or disclosures under the Texas Rules of Civil Procedure, include an itemized schedule. This should pair each medical visit with associated travel costs. Attach copies of supporting receipts and your mileage log.
5. Present to Insurer or Opposing Party
Submit the summary with your initial demand package. Label travel costs as part of “medical expenses” under Civ. Prac. & Rem. Code § 41.001. Request reimbursement of accrued travel outlays.
6. Preserve Evidence for Litigation
If the case proceeds, be prepared to produce your travel log, receipts, and medical records during discovery. Texas Rule of Civil Procedure 192.3 allows discovery of all relevant economic damages documentation.
7. Seek Court Approval if Needed
At trial or in settlement negotiations, present travel expense evidence alongside expert testimony or sworn statements to establish necessity and reasonableness.
Helpful Hints
- Use a dedicated mileage app or spreadsheet for accurate logs.
- Keep original receipts; photocopies may be rejected by insurers.
- Update your summary monthly to avoid backlog and errors.
- Consider sworn affidavits if you lack certain receipts.
- Consult with an attorney early to tailor documentation to your case.