Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Gather Complete Medical Treatment Records
Collect every document related to your car accident injury. This includes:
- Emergency room reports and discharge summaries
- Doctor’s notes and progress reports
- Diagnostic imaging (X-rays, MRIs) and lab results
- Physical therapy records and chiropractic notes
- Itemized medical bills and statements of benefits
Ask each provider for itemized bills showing procedure codes, dates, and payments. Electronic records in PDF format help streamline submission.
2. Obtain HIPAA Authorizations and Releases
Insurers and opposing parties cannot request your medical records without a proper release. Use a HIPAA-compliant medical authorization form. Have each provider sign off so you can share records directly with the insurance company or your attorney.
3. Create a Medical Chronology and Summary
Organize your records in date order. Prepare a one-page timeline that includes:
- Date of each treatment
- Provider name and specialty
- Key diagnoses and procedures
- Total billed and paid amounts
This summary helps adjusters and attorneys quickly understand your injury path and costs.
4. Submit Records to the Insurance Company
Send your organized packet to the at-fault driver’s insurer. Include:
- A cover letter with your claim number, contact information, and summary of damages
- Signed medical authorizations
- Complete set of medical records and itemized bills
- Your medical chronology
Texas law requires prompt proof of loss. Under Texas Insurance Code §542.055, you must provide “proof of loss” reasonably requested by the insurer before they pay your claim. (See Tex. Ins. Code §542.055.) After you submit proof, the insurer has 60 days to pay or deny the claim. (§542.056.)
5. Preserve Copies and Track Deadlines
Keep digital and hard copies of everything you send. Use certified mail or a secure online portal so you have delivery receipts. Note the date you submitted records. Follow up if you don’t receive a response within 30 days.
Helpful Hints
- Use a medical record retrieval service to pull records from multiple providers.
- Request electronic records to speed up review and submission.
- Verify your claim number and adjuster’s contact details before sending documents.
- Label each file clearly, e.g., “2023-06-15_ER_Report.pdf.”
- Consider early consultation with a personal injury attorney to review your documentation.