Disclaimer: This article is for educational purposes only and does not constitute legal advice. Please consult a licensed attorney for guidance tailored to your situation.
Detailed Answer
Step 1: Identify and Authorize All Medical Providers
Begin by making a list of every healthcare provider you saw after the accident. This includes emergency rooms, urgent care centers, specialists, physical therapists, chiropractors, imaging facilities and pharmacies. Complete and sign a HIPAA-compliant authorization form for each provider to allow release of your records.
Step 2: Request Complete Medical Records and Itemized Bills
Send written requests to each provider for:
- Medical charts and progress notes
- Diagnostic test results (X-rays, MRIs, CT scans)
- Itemized billing statements showing dates of service, procedure codes and charges
- Provider narratives or treatment summaries
Ask providers to certify that their records are true and correct. Oregon law treats these as business records under the hearsay exception (ORS 45.110).
Step 3: Organize Records Chronologically and Index Each Entry
Create a medical chronology spreadsheet or table. Include columns for:
- Date of service
- Provider name and specialty
- Type of treatment or test
- Billed amount
- Pages of the medical record
Label each document with a clear exhibit number or letter (e.g., Exhibit A, Exhibit B). This helps adjusters and attorneys quickly locate key information.
Step 4: Prepare a Cover Letter and Submission Package
Draft a concise cover letter addressed to the insurer or claims adjuster. Your letter should:
- State the claim number and date of accident
- Summarize your injuries and treatments
- List enclosed exhibits (record index)
- Request confirmation of receipt
Include a signed medical authorization, the indexed records, itemized bills and the chronology.
Step 5: Submit Records and Track Delivery
Use a traceable method such as certified mail with return receipt or an insured courier service. Keep copies of everything you send, including postal receipts and delivery confirmations. Under Oregon law, timely submission helps prevent disputes over delays.
Step 6: Follow Up and Preserve Evidence
After your records arrive, follow up with the insurer in writing if you do not receive an acknowledgment within 10–14 days. Maintain all originals and copies in a safe place. Continue updating your file with any new treatments or bills.
Helpful Hints
- Keep a personal injury journal documenting pain levels, medication and daily limitations.
- Ask providers for brief narrative summaries focusing on causation and prognosis.
- Organize electronic files in PDF format with searchable text.
- Redact any irrelevant personal data (e.g., Social Security numbers) before submitting.
- Set calendar reminders for follow-up deadlines and statute of limitations in Oregon (generally two years from the date of injury).