What to Do If Your Insurance Adjuster Disputes Your Medical Treatment in Vermont
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When an insurance adjuster refuses to acknowledge that your medical treatment stems from a Vermont car accident, you must build clear evidence of causation and follow state procedures to protect your rights.
1. Gather Comprehensive Medical Evidence
- Obtain all medical records, imaging, therapy notes and itemized bills from each provider.
- Request a detailed letter from your treating physician or specialist stating how and why your injuries are related to the collision.
- If necessary, schedule an independent medical examination (IME) under Vermont Rule of Civil Procedure 35 to obtain an unbiased opinion.
2. Document the Accident and Your Symptoms
- Keep a contemporaneous symptom diary noting pain levels, mobility issues and daily limitations.
- Collect photographs of vehicle damage, accident scene, visible injuries and any assistive devices (e.g., braces, crutches).
- Secure statements from witnesses or passengers corroborating the incident and your immediate post-crash condition.
3. Review Vermont’s Insurance Statutes
Under Vermont law an insurer must investigate and pay valid claims in good faith. 8 V.S.A. § 4809 requires prompt claim handling, including timely acceptance or denial:
8 V.S.A. § 4809. Prompt Payment of Claims
If your insurer unjustly delays or denies your treatment, you may pursue statutory penalties alongside your claim for damages.
4. Submit a Formal Demand Package
- Compile your medical evidence, accident report and any expert opinions.
- Draft a demand letter outlining liability, injuries, treatment chronology and total costs.
- Send it via certified mail to establish proof of service under 23 V.S.A. § 1226 for auto liability claims.
5. Consider Legal Action
If negotiations fail, you can file a civil action in Vermont Superior Court. You must adhere to the three-year statute of limitations on personal injury under 12 V.S.A. § 511.
12 V.S.A. § 511. Actions for Personal Injury or Death
At that point, a lawsuit can compel discovery, including depositions and medical examinations, to strengthen your claim.
Helpful Hints
- Act quickly. Early evidence is more persuasive than late recollections.
- Organize documents chronologically to present a clear treatment timeline.
- Keep correspondence with your insurer in writing to avoid misunderstandings.
- Ask your doctor to use specific medical language linking injury mechanisms to the crash.
- Review your policy’s coverage limits and exclusions to set realistic expectations.