Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
After a car accident in South Carolina, thorough documentation of all medical treatment strengthens your injury claim. Follow these steps:
1. Obtain a HIPAA Authorization
Send a signed HIPAA medical records release to each healthcare provider. Under 45 C.F.R. § 164.524, providers must give you copies of your records when you request them. A clear authorization speeds up the process.
2. Request Complete Records
Ask for:
- Initial emergency room or urgent care reports
- Follow-up office visit notes
- Physical therapy charts
- Diagnostic imaging films and reports (X-rays, MRIs, CT scans)
- Prescription and pharmacy records
- Itemized billing statements including CPT and diagnosis codes
Insist on electronic and paper copies if available. Keep originals in a safe place.
3. Organize and Index Your Records
Create an indexed binder or digital folder:
- Arrange by date and provider
- Add a chronological table of contents
- Highlight key entries (e.g., diagnosis, treatment plan, prognosis)
4. Authenticate Records
Medical records qualify as a hearsay exception under South Carolina law. See S.C. Code Ann. § 19-11-803(6) (records of regularly conducted activity). You may need a foundation affidavit or the provider’s custodian of records to testify that the documents are accurate.
5. Follow Your Policy’s Proof-of-Loss Requirements
Most auto-insurance policies require you to submit medical documentation within a set timeframe. Under S.C. Code Ann. § 38-77-140, you must comply with policy notice and proof-of-loss deadlines before you can bring a claim against the insurer.
6. Prepare a Submission Packet
Include:
- Cover letter summarizing your injuries, treatment, and total medical expenses
- Chronology or executive summary
- Complete indexed medical records
- Itemized billing and payment records
- Copies of proof of insurance or claim number
7. Send via Certified Mail or Secure Portal
Use certified mail with return receipt or the insurer’s secure electronic portal. Keep proof of delivery. Record the date and method of submission in a log for future reference.
Helpful Hints
- Start requests early; providers may take weeks to release records.
- Keep a master list of request dates and follow-up calls.
- Order extra copies for your attorney, insurance adjuster, and court filing.
- Request medical summaries or narrative reports for complex cases.
- Maintain both electronic and paper backups of all documents.
- Consult an attorney before trial to verify record admissibility.