Who Can Make an Injury Claim?
You need to be able to answer this question before you make a claim against the insurance company
Injury claims can be made if there is a vehicle accident caused by some else's fault.
This statement is simple enough, but does not really cover everyone that can make this claim. If you are driving and you cause an accident, the people on the other vehicle will be able to make a bodily injury claim against you.
Your passengers can each make a bodily injury petition against you. This includes anyone, even if that person is also a policy holder.
If you are in a vehicle accident and your spouse is injured, your spouse would have a bodily injury claim against you. It would not matter that both spouses are listed as policy holders.
Some insurance companies have excluded spouses from coverage in their policies; however, most states strike these clauses as against public policy.
Your kids can also have personal injury claim against you, the driver. If your kids are injured because you cause an accident (or you were partially at fault), then they would have a bodily injury claim against your policy.
There are other circumstances where you can make a bodily injury claim against your own policy. You can make an uninsured motorist bodily injury claim (explained in detail here), or you can be a passenger of your own auto.
Remember that the insurance policy defines “insured” as anyone driving the vehicle. Therefore, if you are a passenger of your own auto, and you are injured because of the negligence of the driver, you can have a bodily injury claim against your own policy. Your insurance company has a contractual duty with the insured (the driver).
What the insurance company is trying to do is to “buy” a lawsuit for less money than they think you would get in a court of law. They would depreciate or evaluate family claims for a lesser value. Why? Because how many people would actually present a lawsuit against their spouse, parent, or friend.
Insurance companies will try to offer settlements by paying the medical bills (which are covered by Personal Injury Protection Coverage “PIP” anyway), and give them a few dollars to sign a release. Many times the release will be as a recording, or simply on the back of the settlement check. You must sign the release if you want to cash the check.
The offer of settlements is often for much less value than they should be. The reality is that the insurance company knows that the injured party will not present a lawsuit against the driver if they are related, so they take advantage of the situation.
A more curious situation occurs when the injured children belong to the driver that caused the accident. If this is the case, then the insurance company would have to settle the personal injury claims that the children have with the same person that caused the accident (the parent).
You cannot make a bodily injury claim against yourself. Someone else must be at fault for your injury for you to have any recourse for compensation. Equally the person driving must be at least 1% at fault before anyone can make an injury claim against him/her.
Every single person that can make a bodily injury claim against the driver will be considered as an exposure against the policy. This means that the insurance company will put money in reserve to settle the bodily injury claims (double check the section on reserves).
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!
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Follow the links below for more information about accident injuries, bodily injury claims, and what to ask when making this type of claim.
1. Who can make a bodily injury claim
2. Reserving your bodily injury claim
3. Soft Tissue Claim Part I
4. Permanent Injury Claim
5. Medical bills, medicine, 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)
