Bodily Injury Claims

This is for a claim you are presenting against the other party’s insurance company for any injuries sustained to you or your passengers as a result of the accident. This coverage is provided under the Liability – Bodily Injury section of their policy. Their liability coverage does have limits and will only pay to that amount. Remember, the minimum limits for liability on Bodily Injury is $20,000 per person and $40,000 per accident. This means the minimum limit will only pay up to $20,000 to any one person or up to $40,000 per accident. This includes where there are multiple person injuries. (See Liability – Bodily Injury)

There are two categories considered with bodily injury. The Special Damages, which are the actual medical bills, loss of earnings and other related expenses with the injury. The General Damages is the compensation you are claiming for pain and suffering.

The insurance company does not pay for your medical bills as you are treating. This is your responsibility. Sometimes a medical provider will execute a Medical Lien against the liable insurance company. This would allow you to treat without paying up front. The insurance company would pay the medical provider first and the settlement difference to you. (See Settlements)

The insurance company will only evaluate & settle your injury claim after you have finished treating and are ready to settle it. The medical bills, loss of earnings and any other expense associated with your injury (Special Damages) will all need to be submitted so the claim can be evaluated and settled.

Remember, if it was determined that you had a percentage of liability in the accident, that percentage will be deducted from your settlement. A claim denial must be put in writing. (See Determining Liability)

If you have PIP coverage, you and your passengers can file a claim under your PIP coverage for your injuries. (See PIP Claims)

There will be a wage/salary verification and medical authorization form required to be completed.

In the state of Texas you have two years to settle your injury claim or you will have to file suit to protect the time limit of this statute.

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