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.

There are several types of claim that can be made under the umbrella of the injury claim, they will be explained in the links below.

The only way that you would not be entitled to seek compensation under a bodily injury claim is if you are injured in a vehicle accident that is 100% your fault. Note, it must be 100% your fault. If you are 90% at fault, you could still seek compensation as an injury claim for the 10% portion that is not your fault.

So the liability and negligence analysis that the claim adjuster will make when settling the property damage will be critical to your compensation of damages for your bodily injury claim. Pay attention to what the percentages of liability are attributed to you. If you are not 0% at fault, then you are being exposed to be suit for some else�s injury.

It is possible that an insurance company settles the property damage against someone else at 100% but reserves the right to take an offset on the bodily injury claim. If you are in this situation, ask your insurance company to put it on writing.

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. Note that 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 one simple pill for a headache. So by going to the emergency room you are accomplishing two things, you are getting check out in case you injured and do not know about it, 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.

So check your state BEFORE you talk to your adjuster. If you have an accident in Utah, and you tell the claim adjuster that you are no longer injured and your medical bills do not reach $3,000, then you could lose your rights of compensation under the bodily injury claim.

This is why 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), then you need to know more about your right in you state before you talk to any insurance adjuster.

Follow the links below for more information about accident injuries and bodily injury claims.