Detailed Answer
After a car accident in Indiana, accurately documenting and submitting your medical treatment records is crucial to support your personal injury claim. Proper documentation demonstrates the nature, extent and cost of your injuries. This guide outlines each step—from gathering records to submitting them under Indiana law.
Step 1: Gather and Organize All Medical Records
Request your complete medical file from every provider who treated you for accident-related injuries. This includes emergency departments, urgent care centers, specialists, physical therapists and chiropractors. Sign a HIPAA release form for each provider to expedite the process. Obtain:
- Complete medical records (notes, test results, imaging)
- Itemized billing statements with CPT codes and dates of service
- Provider narratives or “records summaries” where available
Create digital copies (PDFs) and back them up. Organize records chronologically in a binder or digital folder. Label each section with provider name, date range and type of treatment.
Step 2: Create a Comprehensive Treatment Summary
Draft a timeline summarizing each treatment visit. For every entry, include:
- Date of treatment
- Provider name and specialty
- Diagnoses and procedures performed
- Prescribed medications
- Recommended future care
This narrative helps insurance adjusters, defense counsel and judges understand the scope of your injuries at a glance.
Step 3: Submit Records to Your Insurer
Review your auto policy’s medical payments or uninsured/underinsured motorist coverage provisions. Draft a demand letter that includes your claim number, date of accident and a summary of your injuries. Attach the following:
- Treatment summary
- Copies of all medical records
- Itemized bills
- Provider statements or narratives
Mail your documentation via certified mail with return receipt requested. Keep copies of everything sent, and note the date the insurer received your package.
Step 4: Prepare for Litigation Disclosures
If your claim leads to a lawsuit, Indiana Trial Rule 26 mandates early exchange of key documents:
- Medical records and billing statements related to your injuries (Rule 26(A)(1)(A))
- Names and statements of treating providers (Rule 26(A)(1)(B))
- Expert witness reports, if you retain experts (Rule 26(B))
Access the full text of Indiana Trial Rules here: https://www.in.gov/judiciary/rules/trial-procedure/trial-procedure.pdf
Statutory Support for Medical Expense Recovery
Under Indiana law, you may recover past and future medical expenses as pecuniary damages. See Ind. Code § 34-51-2-13: https://iga.in.gov/laws/2023/ic/titles/34#34-51-2-13.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Use clear, descriptive file names for digital records (e.g., “2023-04-15_DrSmith_ERNotes.pdf”).
- Upload records to a secure cloud folder and share links with your attorney or adjuster.
- Follow up with providers weekly if records are delayed.
- Confirm receipt of records with the insurer in writing.
- Maintain a log of every telephone or in-person communication regarding your records.