When you are injured in a car accident and the person at fault is either the driver of the other vehicle or, if you are a passenger, the driver of the car in which you are riding, you may file a bodily injury claim with that driver’s insurance company.
The person who handles your claim is called a claims adjuster, and he or she will want to take a recorded statement from you regarding the facts of the accident, the damage to the vehicles, and in what way you were injured. Please keep in mind that it is the adjuster’s job to have you minimize your car accident claim so the insurance company doesn’t have to pay out a lot of money to settle it. If you have more than a very minor injury, you may want to speak to a lawyer first so you avoid saying or signing the wrong thing and hurting your chances of getting the settlement you deserve to make you “whole” again. Without an attorney, be prepared to answer on your own, questions such as:
What injuries do you have?
Did you leave the scene of the accident in an ambulance?
What medical treatment have you received?
What medical providers have treated you?
What was the doctor’s diagnosis?
Are you still being treated?
Do you have a history of injury to the same body parts?
When was the last time prior to the accident that you were treated for pain to these body parts?
Do you have any residual pain or injuries?
How much were your medical bills?
Whether you deal with the adjuster on your own, or with the assistance of a car accident lawyer, in addition to the above questions, here is what to expect. You will be asked to supply sufficient documentation to support your claim. This may include a request to sign a medical authorization, allowing the insurance company to obtain your medical records and bills from your treating healthcare providers. (See Medical Authorization Forms.) You will be asked for proof of lost wages or lost income. If you are self-employed, this may include your income tax records for the previous year or more. Documentation supporting other expenses you may be claiming will be requested, as well, such as receipts for travel to medical appointments, cancelled checks to pay a housekeeper if you couldn’t take care of your home yourself, etc. Then you or your attorney will have to negotiate a settlement.
Note that bodily injury claims may have a dollar limit or strict rules regarding when you can and cannot sue in some states where they have only “no-fault” auto insurance policies. Most states are “fault-based” and if the party you are filing a claim against was partially or totally at fault for the accident, you should get a fair settlement or you are allowed to sue. In a no-fault state, however, you file your injury claim not with the responsible party’s insurance company, but with a special coverage on your own policy called Personal Injury Protection (PIP). (See Bodily Injury in a No-Fault State and Bodily Injury in a Choice State.) You may still sue the responsible party, but only if there were serious injuries or death. Other rules may apply, as well. (See Fault and No-Fault Car Accidents: Who Pays the Bills? for more information about fault and no-fault laws and states.)
It is important to check with your insurance company, your state’s department of insurance or an attorney if you have any questions about your state’s rules, your individual coverages, and your right to sue.
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