Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Utah law, a personal injury claimant may recover travel expenses as part of special damages. Utah Code § 78B-3-404 defines special damages to include “out-of-pocket expenses” for medical care, which courts have interpreted to cover necessary travel costs. To successfully claim travel expenses, follow these steps:
- Record Appointment Details: Keep the date, time, and purpose of each medical visit. Obtain appointment confirmations or referral letters from health-care providers.
- Track Mileage and Transportation Costs: Log odometer readings or collect receipts for public transit, rideshares, or parking fees. Use the IRS standard mileage rate—currently 58.5 cents per mile—to calculate a reasonable per-mile cost.
- Maintain Proof of Payment: Save gas receipts, toll or parking tickets, transit tickets, or invoices from ride providers. Ensure each receipt includes the date and cost.
- Compile a Travel Expense Summary: Create a spreadsheet listing each trip’s date, purpose, miles traveled, rate applied, and total cost. Include attachments of supporting receipts.
- Include in Demand Letter: Present the summary and documentation in your pre-suit demand letter to the insurer or opposing party. Clearly label them as “Special Damages – Travel Expenses.”
- File with Court Exhibits: When filing your complaint or preparing for trial, attach the travel summary and receipts as exhibits. Reference Utah Code § 78B-3-404 to support admissibility of special damages evidence.
- Provide Deposition or Testimony: Be prepared to testify about the necessity of each appointment and confirm the accuracy of your travel log under oath.
Helpful Hints
- Use consistent formats for dates and numbers in logs and receipts.
- Seek medical referrals showing court-ordered or insurer-approved care to strengthen necessity.
- Keep digital backups of all documents in case originals are lost.
- Check local court rules for exhibit labeling and filing requirements.
- Consult an attorney promptly to avoid missing deadlines such as Utah’s four-year statute of limitations (Utah Code § 78B-2-304).