How to Document and Submit Medical Treatment Records for a West Virginia Car Accident 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The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

When you file an injury claim after a car accident in West Virginia, accurate medical records strengthen your case. Follow these steps to document and submit all treatment records:

  1. Report the Accident: File a motor vehicle crash report with the West Virginia Division of Motor Vehicles within 10 days of the wreck. This is required by WV Code §17C-4-4.
  2. Gather Medical Records: Contact every health care provider who treated you, from the emergency department to specialists and therapists. Sign a HIPAA-compliant release form to obtain complete records, including notes, test results and imaging. See 45 C.F.R. §164.524.
  3. Organize Chronologically: Sort records by date of service. Group ER visits, follow-up visits, physical therapy and prescription records in order. Label each file clearly to help your adjuster review them quickly.
  4. Obtain Detailed Billing Statements: Request itemized bills from hospitals, doctors’ offices, labs and pharmacies. Make sure they show dates of service, procedure codes, hours billed and balances paid or outstanding.
  5. Request a Physician’s Narrative Report: Ask your primary treating doctor to prepare a summary of diagnoses, treatments, future care needs and functional limitations. A clear narrative report adds credibility to your claim.
  6. Prepare a Cover Letter: Create a one-page letter that lists all attached records, notes the dates covered and explains the nature of your injuries. Include your claim number, date of accident and adjuster’s name.
  7. Submit to Your Insurer: Send the cover letter and organized records to the insurance adjuster handling your claim. Use certified mail with return receipt or secure electronic submission, if the insurer offers a claim portal.
  8. Keep Proof of Submission: Save copies of everything you send and proof of delivery. Retain postal receipts or electronic confirmation messages in your file.
  9. Monitor Deadlines: Track the two-year statute of limitations for personal injury claims in West Virginia. You must file suit within two years of the accident per WV Code §55-2-12, or you risk losing your right to recovery.

Maintain open communication with your adjuster. Respond promptly to any requests to avoid unnecessary delays or disputes over documentation.

Helpful Hints

  • Keep duplicates of every record you submit.
  • Note appointment dates and treatments in a simple log or spreadsheet.
  • Track out-of-pocket costs for prescriptions, travel and therapy sessions.
  • Store digital copies in a secure cloud folder for backup.
  • Ask your doctor to explain medical jargon in plain language.
  • Follow up with your insurer in writing if you don’t receive an acknowledgment within 30 days.
  • Consult an attorney if the insurer denies or undervalues your claim or requests records repeatedly.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

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.