Bodily Injury Claim

Learn how insurance companies and their adjusters evaluate your injuries

It is a claim that you can make against an insurance company when you are injured because of someone else’s negligence.

If you are in a vehicle accident, and you are injured then you could make an injury claim against the responsible party. This is true even if you are a passenger. Passengers often make injury claims against the driver of their own vehicle (if the driver was negligent in anyway at all).

There are several types of claims that can be made under the “umbrella” of the injury claim; they will be explained in detail if you follow the links at bottom of this page.

The only way that you would not be entitled to seek compensation under a bodily injury claim is if you are 100% at fault. Note, it must be 100% your fault. If you are 90% at fault, you could still seek compensation for the 10% portion that is not your fault (different states vary on this very issue).

The liability and negligence (fault) analysis that the claim adjuster will make when settling the property damage will be critical to your compensation for the bodily injury claim.

Pay attention to what the percentages of liability that are attributed to you. If you are not 0% at fault, then you are being exposed to be suit for some else’s injury. (Your passengers can sue you, even if they are your family members).

It is possible that an insurance company settles the property damage against someone else at 100%, but reserves the right to take an offset (of fault) on the bodily injury claim.

If you are in this situation, ask your insurance company to put it on writing. For example, they will pay 100% of your car repairs, but will only pay 80% (20% offset) of pain and suffering and medical bills.


What constitutes an injury?

You are injured for insurance purposes when you seek medical treatment or you tell the insurance adjuster that you will seek medical treatment (you eventually must be seen by a medical provider).

You can be in the worst accident of your life, but if you do not seek medical treatment, you are not injured. It does not matter whether you are only going to get checked or just went in for a headache. The medical provider does not have to be a medical doctor; it can be a chiropractor or a massage therapist.

To be able to claim an injury, you need to show that you did more than taking a pill for a headache.  

By going to an emergency room you are accomplishing two things: you are getting check out in case you are badly injured and you do not know about it (sometimes the adrenaline rush will conceal pain), and you are protecting your right to make an injury claim.

Get a great eBook about Insurance Injury Claims and settle without an attorney!

If you are checked at the scene (not taken by ambulance), you will have a hard time making an injury claim later on. This is why it is critical that you go to the emergency room right after the accident. So protect your health and your rights by going to the doctor.

Some states (Utah is one of them) require a minimum treatment expense before you are entitled to pain and suffering (a type of bodily injury claim). In Utah, you must have medical bills (special damages) above $3,000 before you are entitled to receive compensation for pain and suffering.

Check your state law and regulations about injury claims BEFORE you talk to your adjuster. in Utah, if your medical bills do not reach $3,000, then you could lose your rights of compensation under the bodily injury claim.

It is very important to understand the laws and statutes of your state. If are handling your own claim without an attorney (there are advantages on doing this, see the eBook), then you need to know your rights in you state before you talk to any insurance adjuster or before you attempt to settle your claim.

Follow the links below for more information about accident injuries, bodily injury claims, and what to ask when making this type of claim.

Bodily Injury E-book

Bodily Injury Overview

1. Who can make a bodily injury claim
2. Reserving your bodily injury claim (very important)
3. Soft Tissue Claim Part I

Soft Tissue Claim Part II

4. Permanent Injury Claim
5. Medical bills, medicine, and other expenses
6. Loss of Wages
7. Loss of Earning Capacity
8. Loss of Business Income
9. Loss of Consortium
10. Loss of Quality of Life
11. Loss of Essential Services
12. Future Treatment and Expenses
13. Pain and Suffering
14. Prior Injuries
15. Psychological Injuries
16. Personal Injury Claim Settlement (evaluation of a claim)
17. Car Accident Injury Claim and Burden of Proof
18. What affects compensation for back and other injury claims
19. A word about Head Injuries

Making a Personal Injury Claim: Steps 1 to 5
Making a Personal Injury Claim: Steps 6 to 10
Pain and Suffering Reimbursement

Injury Demand Letter - How to write one
When to write an Injury Settlement Demand Letter
The Actual Injury Demand Letter (Format)

Find a Qualified Attorney in Your City

Insurance companies are not on your side either get this personal injury eBook or talk to a personal injury attorney before you make any decisions! Fill the form below or call toll free (866) 493-7760 to talk to an attorney in your local area.