Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, seek a qualified Vermont attorney.
Detailed Answer
Overview of Travel Expenses in Vermont Personal Injury Claims
In Vermont, personal injury claimants can recover reasonable travel costs to and from medical appointments. Courts treat these costs as part of special damages rather than court-assessed costs. You must prove that the trips were necessary and related to your injuries.
1. Track and Record Your Travel
Start a trip log on the day of your initial medical visit. Record the date, purpose, starting point, destination, and mileage. Save gas receipts, parking tickets, toll stubs, and public transport fares. Accurate records strengthen your claim.
2. Calculate Your Total Cost
Multiply the total miles driven by the applicable mileage rate. Many attorneys and insurers use the IRS rate for medical travel. As of 2023, the IRS medical mileage rate is 22 cents per mile. Add actual expenses for tolls, parking and public transit.
3. Include Travel Expenses in Your Demand Package
When sending a pre-suit demand letter or settlement package, attach a schedule of medical special damages. List each trip and corresponding cost. Include photocopies of your mileage log and all receipts.
4. Disclose During Discovery
Under Vermont Rules of Civil Procedure Rule 26(a)(1), you must provide a computation of each category of damages, including travel expenses. Furnish your travel log, receipts, and related documentation in your initial disclosures or in response to interrogatories and document requests.
5. Admissibility at Trial
To admit travel records at trial, meet the business records exception under Vermont Rule of Evidence 803(6). A travel log maintained in the ordinary course of your injury-related medical care qualifies if you or your authorized agent created it regularly.
6. Consider Court Costs Separately
While travel for medical care is recoverable as special damages, it is not a taxable court cost. Taxable costs follow 12 V.S.A. § 1911. Courts allow fees for service of process, witness mileage and filing fees. See 12 V.S.A. § 1911(3) for witness mileage.1
1 Title 12 V.S.A. § 1911(3) https://legislature.vermont.gov/statutes/section/12/021/01911
Helpful Hints
- Update your travel log immediately after each trip to ensure accuracy.
- Keep separate folders for mileage logs and receipts.
- Include public transport and rideshare receipts if you couldn’t drive.
- Ask your healthcare provider to confirm appointment dates in writing.
- Review the IRS medical mileage rate annually for rate changes.
- Work with an attorney to ensure full compliance with Vermont discovery rules.