How to Claim Travel Expenses for Medical Appointments in a Personal Injury Case in Pennsylvania
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
In Pennsylvania personal injury cases, you may recover reasonable travel expenses you incur when attending medical appointments related to your injury. To ensure proper reimbursement, follow these key steps:
1. Review Your Insurance and Coverage
If you have medical payments (MedPay) coverage under your auto insurance policy, it will typically reimburse “reasonable and necessary expenses” for treatment. Under 75 Pa.C.S. § 1715(d)(1)(ii), MedPay carriers must cover medical care expenses. Many insurers interpret this to include travel costs incurred for medical appointments.
2. Track and Document All Travel Costs
- Mileage: Keep a contemporaneous mileage log. Note the date, starting point, destination, and odometer readings. Use the IRS standard mileage rate (see IRS Publication 463) for valuation.
- Receipts: Retain receipts for parking, tolls, public transportation fares, taxi or rideshare services.
- Lodging and Meals: If you travel long distances and overnight stays are necessary, save hotel and meal receipts. Only reasonable expenses are recoverable.
3. Submit Claims Promptly
Send your itemized travel expense claim to the insurer or opposing party early in the litigation process. Include:
- Coversheet identifying your claim and policy number.
- Spreadsheet or ledger summarizing dates, mileage, receipts, and calculations.
- Copies of receipts and mileage logs.
4. Include Travel Costs in Your Demand Letter or Complaint
When drafting a pre-suit demand letter or filing your complaint, itemize medical expenses and attach a separate schedule for travel. Label it “Out-of-Pocket Travel Expenses”—this highlights your entitlement and helps avoid disputes.
5. Prepare Evidence for Trial or Mediation
If the case proceeds to mediation or trial, organize your documentation clearly:
- Bind your mileage logs and receipts in chronological order.
- Have a witness or yourself testify about the necessity of each appointment and associated travel.
- Use demonstrative exhibits showing maps, distances, and cost calculations.
6. Understand the Burden of Proof
Under Pennsylvania law, the claimant must prove that the expenses were reasonable, necessary, and causally related to the injury. Courts assess reasonableness by comparing claimed amounts to standard rates and local costs.
For additional reference on filing procedures and rules of evidence, see the Pennsylvania Rules of Civil Procedure: Rules 400–440.
Helpful Hints
- Start logging travel as soon as your doctor prescribes treatment.
- Use a dedicated app or spreadsheet for mileage tracking to reduce errors.
- Label receipts immediately to avoid losing them.
- Confirm your insurer’s preferred format for expense submissions.
- Consult an attorney early if the insurer disputes your travel claims.