How can a passenger in a Vermont vehicle accident maintain continuity of care to protect an injury claim?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

As a passenger injured in a Vermont motor vehicle accident, maintaining continuity of care is critical to protect your injury claim. In Vermont, you may seek compensation from the at-fault driver’s liability insurer or, if you have your own Personal Injury Protection (PIP) coverage, from your own insurer under 23 V.S.A. § 1114. Consistent, well-documented medical treatment demonstrates the seriousness and progression of your injuries. Here’s how to preserve and strengthen your claim:

  1. Seek Prompt Medical Evaluation: Visit an emergency department or urgent care immediately after the accident, even if injuries seem minor. Early documentation under 23 V.S.A. § 1114 helps tie your injuries to the crash.
  2. Choose a Primary Treatment Provider: Select one main provider (e.g., a chiropractor, physical therapist, or orthopedist) and inform all other treating professionals of that choice. This creates a single, consistent treatment record.
  3. Follow the Prescribed Treatment Plan: Attend all scheduled appointments, therapies, and follow-ups. Gaps or missed appointments can be used by insurers to argue that your injuries weren’t serious.
  4. Document Every Visit and Expense: Request and keep copies of medical records, diagnostic reports (such as MRIs or X-rays), bills, and receipts. Organize them chronologically to show a clear treatment timeline.
  5. Notify Insurers and Preserve Coverage: Report the accident to the at-fault driver’s insurer and, if applicable, to your own insurer for PIP benefits within the deadlines specified by Vermont law. Late notice may jeopardize benefits.
  6. Maintain Personal Injury Logs: Keep a daily symptom and treatment journal. Note pain levels, medication schedules, therapy exercises, and how injuries affect daily activities.
  7. Coordinate with Legal Counsel: If you hire an attorney, authorize all medical providers to share records with them. Your attorney can help gather evidence and ensure no gap in your file.
  8. Obtain Referral Letters: Ask your primary provider to issue referral letters when you see specialists. This links each referral back to the original treatment plan.
  9. Avoid Independent Adjustments: Do not alter your treatment plan without discussing it with your provider and attorney. Sudden changes can create inconsistency.
  10. Monitor Insurance Deadlines: Under Vermont’s personal injury protection statute (23 V.S.A. § 1114) and general tort claim deadlines, timely filing is essential to preserve your rights.

Helpful Hints

  • Carry a small notebook to record pain levels and medication times immediately after each treatment.
  • Use certified mail or email with read receipts when providing notice to insurers or sending records.
  • Confirm all appointments in writing, either via email or text, and keep screenshots.
  • Ask your provider for written treatment summaries at regular intervals.
  • Keep copies of insurance policies and understand your PIP coverage limits under 23 V.S.A. § 1114(c).
  • Request itemized bills promptly and review them for accuracy.
  • Maintain a folder—physical or digital—labeled by date for all accident-related documents.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.