Getting into a car accident can come with long-term ramifications that can also become expensive. Some injuries require more than a band-aid, you may be looking at weeks, months, or even years of physical therapy. This is especially true if your car accident results in a brain, back, neck, or spinal cord injury.
Recovering from these types of injuries often takes a lot of time and therapy. So who’s responsible for covering physical therapy costs? If your auto wreck happens in New Mexico, you may not be responsible for covering your medical expenses.
No-Fault Laws and Physical Therapy Costs
If your car accident occurs in New Mexico, the other driver’s insurance may cover most or all of your physical therapy costs. New Mexico is an at-fault state. What does this mean for your physical therapy costs?
In an at-fault state, the driver responsible for the vehicle collision covers all damages associated with the wreck. This means that if your injuries send you to physical therapy, the other driver’s insurance picks up the tab—you shouldn’t need to cover any of your therapy costs.
However, there’s an exception to the state’s at-fault law. New Mexico is one of 12 states that also follows a comparative negligence rule. How does this apply to your accident damages? Comparative negligence rules may mean a reduction in your settlement amount. Blame for the accident is assigned to each driver involved in the crash. The amount of your settlement reflects your percentage of the blame.
For example, if you’re assigned 25% of the blame for the accident, your settlement amount is reduced by the same percentage. If you’re awarded $100,000 and are 25% at fault, your settlement amount is $75,000. This is something important to consider and keep in mind as you’re getting ready to file a personal injury claim that includes your physical therapy costs.
No, you can’t increase the value of your claim to account for the deduction. Don’t forget, you need to provide proof of your damages and this makes it impossible to inflate your claim’s value.
Average Costs of Physical Therapy
There isn’t a set amount for physical therapy, and even if your injury is the same as someone else’s, your therapy protocols can be different. Based on national averages, physical therapy sessions can run anywhere from $30 to more than $400 per visit.
Even though most insurance policies cover physical therapy expenses, there’s still the matter of the deductible. Your deductible can be around $20 or creeping closer to $100. When you add this cost up, your physical therapy sessions can still be expensive. If your physical therapy also includes the temporary use of walking aides like crutches or even a wheelchair, you can expect costs to continue to climb.
Oh, and don’t forget about the amount of time you spend in physical therapy, which also adds to the overall costs you’ll have. Obviously, if you only need a couple of sessions, you’re going to pay less than someone with an extended treatment plan.
How to Receive Compensation for Your Physical Therapy Costs
After being in an auto accident, you’re probably only focusing on your recovery and this is what you should be doing. However, if you’re planning on including physical therapy in your damages, you should take a couple of steps.
Save all Medical Documents
Get ready to be inundated with paperwork after a car accident. Even though it’s tempting to toss some pieces of paper away, hand it onto everything. You never know what you may need to help support your personal injury claim.
Along with your medical records, save everything relating to your physical therapy sessions, which includes the recommendation and referral from your physician. You may also want to save any documents relating to your treatment plan. The insurance adjuster will want to see proof that physical therapy is necessary to ensure a full recovery.
Don’t be surprised if the insurance company requests a second medical opinion—this is normal, so don’t get offended. Go ahead and get a second opinion and forward the paperwork to the insurance adjuster.
Gather Evidence
Yes, your medical records count as evidence but you may need more. Don’t forget about New Mexico’s comparative negligence rule. Even if the insurance company is trying to assign you part of the blame, this doesn’t mean you can’t contest their findings. You may even be able to reduce or eliminate your percentage of the blame.
Get a copy of the accident report. You may be surprised at the amount of information the report contains. The responding officers will investigate the accident and note in the report who is partially or fully responsible for the accident. If your report indicates the other driver is completely at fault, you can argue against any proposed deductions in your settlement offer.
The accident report may even include witness statements and contact information. This can go a long way toward supporting your personal injury claim.
Calculate Your Damages Before Starting Negotiations
If you aren’t sure of the financial extent of your damages, it’s impossible to ensure your settlement offer is fair. Don’t forget, once you accept a settlement offer from the insurance company your case is considered close. No, you can’t refile a compensation claim for the same accident even if your expenses continue to pile up.
So, what should you include in your damages? This will vary on a case-by-case basis. However, some damages commonly included in personal injury cases involving physical therapy expenses often include:
- Ambulance rides
- Emergency room visits
- Surgeries
- Testing (MRIs, CT scans, etc.)
- Doctor visits
- Specialist visits
- Prescriptions
- Physical therapy
- Mental health evaluations
- Counseling sessions
- Follow-up appointments
You may also be eligible for non-economic damages that include pain, suffering, and loss of quality of life.
Work with a Personal Injury Attorney
Getting compensation for physical therapy is possible, remember the treatment is covered by most insurance policies. However, negotiations with insurance providers can be tricky.
Working with an experienced personal injury attorney can help ensure you receive fair compensation for your auto accident.
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