How can you claim bodily injury from a car accident?
Rachael Brennan has been working in the insurance industry since 2006 when she began working as a licensed insurance representative for 21st Century Insurance, during which time she earned her Property and Casualty license in all 50 states.
After several years she expanded her insurance expertise, earning her license in Health and AD&D insurance as well. She has worked for small health in…
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Written by
Rachael Brennan
Licensed Insurance Agent
Benjamin Carr was a licensed insurance agent in Georgia and has two years’ experience in life, health, property and casualty coverage. He has worked with State Farm and other risk management firms. He is also a strategic writer and editor with a background in branding, marketing, and quality assurance. He has been in military newsrooms — literally on the frontline of journalism.
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Reviewed by
Benji Carr
Former Licensed Life Insurance Agent
UPDATED: Mar 10, 2022
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Quick Facts
Bodily injury (BI) liability coverage is required for all drivers in the United States
Personal injury protection (PIP) is only required in a few states
You can sue a driver or insurance company if you’re offered an insufficient settlement
Were you in a car accident recently? Your auto insurance company should provide coverage for any medical or hospital expenses related to bodily injury, whether you are at fault or not.
But how do you get coverage for bodily injury? And how can a driver get coverage for personal injury? Don’t worry – we are here to help.
Our guide explains why bodily injury liability is necessary and when you should file a personal injury case. We will also explain why you should shop for accidental death life insurance along with auto insurance coverage.
Read on to learn all about coverage for bodily injury after an accident and why you should file a personal injury lawsuit.
How can you claim bodily injury from a car accident?
You can get a bodily injury (BI) claim from an accident when you’re not at fault. For example, if another driver hits you and you aren’t at fault, you’re entitled to a bodily injury liability claim from the at-fault driver’s insurance company.
Some states have a comparative fault (comparative negligence) law. In other words, the law will split the fault by a percentage. If you’re 80% not at fault in a car accident, comparative fault decreases your injury compensation by 20%.
Which states have comparative negligence laws?
Comparative fault is only available in a few states. Here is a list of states that have comparative negligence law:
Alaska
Arizona
California
Florida
Kentucky
Louisiana
Mississippi
Missouri
New Mexico
New York
Rhode Island
South Dakota
Washington
The majority of areas in America don’t have comparative negligence laws. Therefore, drivers at fault are 100% responsible for bodily and personal injury in states without comparative fault.
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Does bodily injury and personal injury protection cover a damaged car?
No, it doesn’t. The BI liability is specifically for covering medical and hospital bills for other drivers and their passengers when you’re at fault in an accident. Meanwhile, personal injury protection (PIP) provides coverage for your personal injury regardless of fault after a car accident.
PIP insurance comes with a deductible, which you must pay before receiving a PIP claim.
If you want coverage for your vehicle, you’ll need to purchase collision and comprehensive coverage. Both coverage options provide car protection regardless of fault, but they also come with a deductible.
Collision insurance pays for damage even if you’re at fault, but comprehensive coverage pays for damage from unforeseen incidents (such as floods, storms, vandalism, fires, and vehicle theft).
How much does bodily injury liability cost?
On average, BI liability is about $50 a month.
BI liability is part of liability car insurance. The main components of liability coverage are BI liability and property damage (PD) liability.
However, some states include personal injury protection (PIP) and uninsured/underinsured motorist (UM/UIM) coverage in liability insurance. UM/UIM also has BI and PD coverage limits.
How much bodily injury liability insurance do you need?
It depends on your state. Most auto insurance companies recommend 50/100/50 limits.
Here’s what 50/100/50 means:
$50,000 for bodily injury of one person per accident
$100,000 for bodily injury of multiple people per accident
$50,000 for property damage per accident
The 50/100/50 coverage limit is a medium (sometimes medium-low) coverage level, so you’ll pay more for car insurance. If you want the minimum coverage limit, let the insurance company know you’re not interested in higher coverage levels.
What is the difference between bodily injury and property damage liability?
BI liability covers the medical bills of drivers and passengers when you’re at fault in a car accident. PD liability covers the damage of property, vehicles, etc., when you’re at fault in an accident.
What is personal injury?
The technical term for personal injury means you’ve endured bodily, mental, and emotional damage due to an accident, attack, or other incident. This may also include finance and work-related changes.
The average cost of PIP insurance per month is $15.
You can skip personal injury lawsuits if you add PIP to your auto insurance policy. PIP covers personal injury damages, such as childcare, work loss, medical expenses, and even funeral costs.
When should you file a personal injury lawsuit?
Some personal injury cases require a lawyer. If you believe you need a lawyer to resolve your personal injury complaint, you should seek legal representation immediately. The faster you file a claim, the more you’ll remember about the car accident.
What is a personal injury claim?
Your personal injury claim includes bodily injury and other areas that affected your life after a car accident. For instance, personal injury can cover lost wages, legal fees, and other essential fees. However, you’ll have to prove that your injuries from an accident caused these sudden expenses.
Personal injury litigation has a time limit called the statute of limitations (the time you file a legal claim against a driver, insurance company, etc.).
Let’s look at a complete list that shows the statute of limitations of each state.
Bodily and personal injury cases are within the civil areas of law. The lowest statute time limit is three years, but some states have statute limits of 10 years.
How many types of personal injury cases are there?
Personal injuries are categorized differently because personal injury comes from various angles and industries. Let’s look at a shortlist of personal injury case examples.
Car accident
Health/medical malpractice
Wrongful death
Workplace accident
Products liability
Property/premises liability
These are the most common personal injury examples. If you prove your case in court, you’ll receive personal injury compensation.
Why should you buy accidental death life insurance?
BI liability doesn’t cover funerals in some states, and PIP insurance has a $10,000 limit at some auto insurance companies. Therefore, we recommend that you buy accidental death life insurance.
If you can’t find an accidental death policy, look for a term life insurance policy and add an accidental death benefit rider to your plan. Shop around and see what term life insurance quotes have to offer before you decide.
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Bodily Injury: The Bottom Line
Most bodily injury cases after an accident are covered by BI liability. But if you need coverage for your medical bills, you’ll need to have PIP insurance if you’re at fault.
Sometimes, it’s necessary to get a lawyer, especially if a company isn’t giving you a fair settlement for your bodily or personal injury. We recommend that you seek legal advice to find a solution.
And don’t wait to file a claim. Bodily and personal injuries tend to get worse over time, so file a bodily injury claim as soon as possible.
