Detailed Answer
Under Virginia law, a plaintiff in a personal injury case can recover “all reasonable and necessary” expenses related to medical care, which includes travel costs for appointments. Although the Code of Virginia does not list travel expenses in isolation, courts recognize them as part of medical damages. See Code of Virginia Title 8.01, Chapter 5, for general rules on evidence and proof of damages (va. Code § 8.01-500 et seq.).
To successfully claim travel expenses, follow these core steps:
- Confirm Necessity and Relevance
Ensure each trip is directly tied to diagnosis, treatment, testing, or follow-up of injuries caused by the accident. - Track Mileage
Record start and end odometer readings for each trip. Many Virginia attorneys use the IRS standard mileage rate (published at irs.gov) as a benchmark for “reasonable” mileage costs. - Obtain and Save Receipts
Keep all receipts for tolls, parking, public transit fares, lodging (if needed), and meals. Photocopy or photograph each receipt to maintain an organized digital file. - Maintain a Travel Log
Create a simple spreadsheet or journal listing date, purpose of trip, starting point, destination, miles traveled, and associated out-of-pocket costs. - Submit Documentation to Your Attorney or Insurer
Turn in your log and receipts promptly. Insurers often require a sworn statement or certification under Virginia’s discovery rules (va. Code § 8.01-420). - Include in Settlement Demand
When your attorney drafts the demand letter, itemize travel expenses separately from medical bills. Attach your travel log and receipt summary as exhibits. - Use in Discovery and Trial
Answer interrogatories about out-of-pocket expenses. At trial or mediation, present your organized documentation to show the reasonableness and necessity of each expense.
Helpful Hints
- Use an app or digital template for mileage logs to reduce errors.
- Check your insurer’s coverage guidelines for pre-approval requirements.
- Ask your treating provider to confirm in writing that each appointment was essential.
- Bundle small expenses (e.g., parking under $5) by week to simplify your records.
- Review the IRS standard mileage rate annually to justify your calculations.
- Keep backup copies of every document—loss of a single receipt may lead to denial.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Virginia attorney for guidance specific to your situation.