Bodily Injury Liability can be a tricky component of auto accidents. When tensions are high and the next moments feel surreal, it’s challenging to know your next steps. Even more, legal implications for these claims vary from state to state. The settlement process can be overwhelming.
Unfortunately, auto injury scenarios play out more often than people realize. According to the Bureau of Transportation, an average of 13 car accidents occur in the US every minute. Knowing how to handle bodily injury liability is essential to recover with peace of mind.
What is Bodily Injury Liability?
To answer the question, “What is Bodily Injury Liability?” let’s first break down its components to understand the definition better.
Bodily Injury Defined
Bodily injury is “damage to a person’s physical condition, including pain, illness or resulting death.” If a person is physically harmed in any way, it’s likely considered a bodily injury. Specifically, these include:
- Cuts, abrasions, bruises, burns, and lacerations.
- Disfigurement.
- Impairment of the function of a bodily member, organ, or mental faculty.
- Internal bleeding.
- Broken bones and fractures.
- Physical pain.
- Illness.
It’s important to note that bodily injuries usually do not include psychological effects.
Liability Defined
The term liability refers to who is legally responsible for something– in this case, who is at fault for an accident.
Liability is significant when settling an accident with the auto insurers of those involved. It ensures that those who aren’t at fault for the accident will have their medical costs covered. Most states legally require drivers to carry bodily injury liability insurance as part of their auto insurance coverage.
Nevada is a 25/50 state, meaning drivers must have a minimum of $25,000 bodily injury coverage per person and $50,000 per accident.
Bodily Injury Liability vs. Bodily Injury Claim
While bodily injury liability typically refers to insurance coverage required to cover other parties’ damages, a bodily injury claim is a legal action taken to receive compensation for physical harm done to you in a car accident.
The way forward in filing a bodily injury claim is determined by who is at fault for the accident.
Scenario 1: You are Liable for the Accident
If you are at fault for the accident, your injuries are your responsibility to cover. Your auto policy may include personal injury protection (PIP) or MedPay coverage, but you’ll need to check with your insurer to see if you have either of them. Otherwise, your health insurance must cover your medical costs or pay out-of-pocket.
Additionally, you are responsible for the other parties’ injuries and related expenses. This is where your policy’s bodily injury liability coverage comes into effect.
Scenario 2: The Other Driver is Liable
If the other driver is at fault for the accident, you’ll need to find out if they have bodily injury liability insurance as part of their auto coverage. If so, then all related expenses should be covered, including:
- Medical expenses
- Legal fees
- Lost wages
- Pain and Suffering
- Funeral costs
Occasionally, drivers may be uninsured or underinsured. If this is the case, you’ll have to see if your auto policy has uninsured/underinsured motorist coverage. If you do, file a claim with your insurer using that coverage. You’ll have to use your health insurance or pay out-of-pocket costs if you don’t.
Scenario 3: You are both Liable
Suppose you and the other driver are partially at fault for the accident. In that case, your ability to claim bodily injury liability coverage against the other party depends on Nevada’s state laws on negligence.
The state of Nevada is a modified comparative negligence – 51 percent rule state, meaning you cannot collect on a claim if you are found at fault for 51% or more of the accident. Insurance adjusters determine who is at fault using an array of evidence, including any submitted:
- photos of any vehicle damage;
- photos of the accident scene;
- driver and witness statements;
- dashcam or traffic camera footage; or
- citations issued during or after the accident.
You must gather as much evidence as possible to support your claim. Ensure to get the names and contact information of any witnesses to the accident.
How to Get Started with your Bodily Injury Claim
- File for Damages through Your Insurance. Regardless of who caused the accident, start by contacting your auto insurer. Report the accident and let them know you’ll be submitting any relevant evidence to the claim. This way, you’ll also have a claim number for your medical bills.
- Seek Immediate Treatment. Even if you feel fine after your accident, the onset of your injuries could be days or even weeks later. Get evaluated immediately and check in with yourself often to see if any new symptoms arise. If medical issues ensue, you’ll be glad you got the treatment process and a record started.
- Watch out for Unnecessary Medical Bills. Sometimes clinics try to overtreat auto accident patients, knowing that insurance companies are covering the cost. Check in with your adjustor before proceeding with tests or treatments you suspect are unnecessary. They’ll let you know what’s typically authorized and what might become your financial burden.
- Document Everything. Your injuries and their effects on your physical vitality, mental well-being, and day-to-day tasks matter—record everything. Keep a journal and assess yourself every day. The amount of detail you provide will prove to be extremely helpful in making your case.
- Get a Lawyer. While the whole process of settling your claim is overwhelming, getting the information you need from other parties can make it more stressful. Ease your burden by hiring a lawyer to answer all your questions and advise you on your legal options. We can quickly contact and obtain your police reports, witness and specialist testimonies, medical records, and more. Then, we will keep you and your adjustor up-to-date on the progress of your case.
Whether you caused the accident or are not at fault, simplify your bodily injury liability case by contacting one of our legal representatives today. We want you to focus on your recovery. Let us take care of the financial headache and get you the settlement you deserve.
