Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
As a passenger injured in a New York vehicle accident, maintaining continuity of care strengthens your injury claim. Continuity of care means you consistently follow your medical provider’s treatment plan from the date of accident forward. It allows you to document the link between the crash and your injuries.
Here are key steps to maintain continuity of care in New York:
- Seek immediate medical attention. Even if pain seems mild, visit an emergency department, urgent care center or your primary care physician within 24–48 hours. Early documentation of injuries supports the causal connection.
- Select a consistent provider or specialist. Whenever possible, return to the same doctor, physical therapist or chiropractor. Switching providers without reason can create gaps in your record.
- Follow prescribed treatment plans. Attend all follow-up appointments, physical therapy sessions and diagnostic tests. Deviating from treatment may weaken your claim.
- Keep detailed records. Save copies of all medical bills, imaging results (like X-rays or MRIs) and clinic notes. Ask for visit summaries that detail your complaints, diagnoses and treatment recommendations.
- Notify insurers in writing. Under New York’s no-fault system, send a written application for Personal Injury Protection (PIP) benefits to the at-fault driver’s insurer and your own insurer. See Insurance Law § 5102 for filing deadlines: INS § 5102.
- Document your symptoms over time. Keep a daily or weekly log of pain levels, mobility issues and daily activities you cannot perform. This diary helps establish injury severity.
- Watch the statute of limitations. In New York, you generally have three years from the accident date to file a personal injury lawsuit. See CPLR § 214(5): CPLR § 214. Late suits are often dismissed.
By following a clear, consistent treatment path, you create a paper trail linking your injuries to the crash. This documentation proves vital when negotiating with insurers or presenting a case at trial.
Helpful Hints
- Choose a medical provider experienced with motor-vehicle injuries.
- Bring a friend or family member to appointments to help you track advice and instructions.
- Ask your doctor for a treatment timeline and expected recovery milestones.
- Use calendar reminders for all medical appointments.
- Keep copies of all correspondence with insurers, including emails and letters.
- Consider hiring an attorney early; they can help you manage medical documentation and insurer demands.