Disclaimer: This article does not constitute legal advice. It provides general information about Washington law on gathering and submitting medical treatment records for a car accident injury claim.
Detailed Answer
1. Obtain and Organize Your Medical Records
- Sign HIPAA authorizations for each provider. Under 45 C.F.R. §164.508, medical facilities must release records once you authorize them.
- Request complete charts, doctor notes, imaging, physical therapy reports and billing statements from hospitals, clinics and specialists.
- Label each file with the provider’s name, date of service and type of treatment (e.g., “Evergreen Hospital – 03/15/2023 – ER Notes”).
2. Create a Chronological Index
- List each record in order, noting the provider, date and brief description.
- Reference total charges and payments. Include Explanation of Benefits (EOB) from your insurer.
- Use consistent file names (e.g., “001_Evergreen_ER_031523.pdf,” “002_PhysTherapy_040123.pdf”).
3. Submit Records to Your Insurance Adjuster or Claims Representative
- Write a cover letter that summarizes your claim, injuries, dates of treatment and total medical expenses.
- Attach the chronological index as a table or spreadsheet.
- Send via certified mail or secure online portal. Retain delivery confirmations.
4. Serve Records in a Lawsuit (If You File One)
- Initial Disclosures: Under Washington Civil Rule (CR) 26(a)(1), parties must disclose all documents supporting their claims. See CR 26(a)(1).
- Document Requests: Use CR 34 to request or produce medical records. See CR 34.
- Authenticate Records: Under RCW 5.45.050, business records (including medical charts) qualify for a hearsay exception when accompanied by a custodian’s affidavit. See RCW 5.45.050.
- File records as exhibits or attach them to declarations per CR 30(e) or CR 34 requirements.
Helpful Hints
- Keep original records secure; work with copies.
- Check each release for accuracy before signing.
- Follow up with providers if you don’t receive records within 30 days.
- Number pages continuously and stamp “CONFIDENTIAL” on each sheet.
- Prepare a summary of your care to guide adjusters and attorneys.
- Track all correspondence and save delivery receipts.
- Review your policy’s coverage limits and deadlines before submitting.