Am I legally required to provide a disability slip if my medical records are concise?
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Am I legally required to provide a disability slip if my medical records are concise?
The auto insurance company I’m settling with keeps asking for a “disability slip”. My doctor has never used one, and her notes have always sufficed since they’re extremely detailed and concise. Am I legally required to provide this ‘disability slip’ in order to settle my case? Or, can we simply provide a letter stating the days I was unable to work, and the doctors recommendations for this?
Asked on May 9, 2011 under Personal Injury, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you're trying to settle a case--i.e. come to a voluntary agreement with the insurer--then you need to provide them the particular paperwork they are asking for. If you don't, they don't have to settle; you may then proceed to suing them (or rather, in most cases, suing the driver they insurer; though if it's you own insurer not honoring their obligations, you would sue them directly). In court, any competent and persuasive evidence can be offered to show your disability, damages, etc. However, as stated, before you get into court, in trying to settle this, since settlement is voluntary, you have to provide them the paperwork they want, which will (hopefully) satisfy them.
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