Bodily Injury Claims

You should have at least as much bodily injury liability insurance coverage as your state requires, and it's good to purchase coverage limits that are equal to your assets. Maintaining enough bodily injury liability insurance to cover your net worth is recommended to prevent lawsuits.

Bodily injury liability coverage pays for other drivers' and passengers' injuries when the policyholder is at fault in an accident. Bodily injury liability can cover medical bills, funeral expenses, lost wages, legal fees, and other related costs.

How Much Bodily Injury Liability You Need

Drivers everywhere except New Hampshire, Virginia, and remote parts of Alaska are required to carry at least their state's minimum required amount of bodily injury liability coverage. And in every state, you are legally responsible for serious injuries resulting from car accidents that you cause.

In most states, if your bodily injury limits are not high enough to pay for all the medical bills from an accident, the not-at-fault driver and their passengers can sue you for any uncompensated expenses. Drivers with a high net worth are especially vulnerable targets for lawsuits if their bodily injury coverage does not pay for all of the other driver's expenses.

Consequently, you should have enough bodily injury liability coverage to equal your assets, rather than just carrying your state's minimum. After all, the National Association of Insurance Commissioners reports that the average bodily injury liability claim in 2016, the latest year with data, was $19,201 – more than some states require in coverage.

If you need more coverage than car insurance companies sell, you can always purchase an umbrella policy to keep your assets from being seized in the event of a lawsuit.

Bodily Injury Liability Requirements by State

Bodily Injury Liability Limits Example

The limits for bodily injury liability will usually be displayed as 15/30 or $15,000/$30,000, which is the minimum required for California. These numbers mean that, for any given accident, a driver's bodily injury liability insurance will cover:

• $15,000 for injuries sustained by any one person
• $30,000 for injuries sustained by all people involved in the accident

Car insurance claims work as a way for you to request financial compensation from your insurance company after a covered incident. Car insurance claims can be filed for things like serious accidents as well as minor scratches and dents, though which insurance company you file a claim with depends on the details of the situation. Generally speaking, the at-fault driver's insurance company pays for accident-related claims.

How the Car Insurance Claims Process Works

1. The policyholder files a claim online, by phone or through their insurance company's app.

   Most insurance policies do not give an exact timeframe for when you must file the claim, but some states, like New York, require that claims be filed within 30 days of the accident. Just remember that the longer you take to file, the longer you'll be waiting for compensation if your claim is approved and your insurer takes their full allotted timeframe.

2. The insurance company must acknowledge the claim within 10 to 15 days, on average.

   Most states specify exactly how long an insurer has to acknowledge the claim and begin the investigation process. For example, insurance companies must respond to the claim within 14 days in Florida, or within 10 days in Pennsylvania.

3. The insurance company will investigate the claim.

   Insurance adjusters will look over the details of the incident to determine fault, the extent of damage, and if there is any reason to suspect fraud. The more serious the incident, the longer this investigation may take.

4. The insurance company must decide if the claim is accepted or denied after around 15 to 30 days.

   After the claim is investigated, the insurance company decides if the incident will be covered or not. In some states, insurance companies have 15 days from acknowledging the claim to deciding if it is approved. Other states, like California, give insurers more time (30+ days) to investigate and come to a decision on a claim.

5. Payments should be made promptly for approved claims.

   Once a claim is approved, the insurance company has between 5 and 30 days to compensate the policyholder in most states. However, some states do not disclose a specific timeframe for payments and instead suggest that insurers make payments promptly or in a reasonable amount of time.

The insurance company may not pay the policyholder directly, though. For example, they may pay the mechanic directly for repair costs or a lender or lessor for financed vehicles.

Final Thoughts

Keep in mind that there are some situations where filing a claim doesn't make sense. If the damage would cost less to repair than your deductible, for example, you should reconsider filing a claim. This is especially true considering that an insurance claim could raise premiums by as much as 32% depending on the insurer and circumstances.

To learn more, check out WalletHub's guide to car insurance claims. 

To collect a PIP insurance payout, you'll need to file a claim with your car insurance company and give them all the details about the car accident as well as your medical costs. PIP, or personal injury protection insurance, can be used to cover your injuries and other costs resulting from the injuries, like lost wages.

How to Collect PIP Insurance

1. Seek medical attention and keep documentation. Test results, office visits, medical bills, and any doctor's reports will all be needed to help show your insurer the severity of your injuries and prove that the amount you are requesting for your claim is accurate.
2. Contact your insurer to file the claim. In doing so, it is best to not make any statements about how you feel. Only stick to the facts – what injuries you have sustained, how much your lost wages equal, how much you've spent for childcare, etc.
3. Cooperate with the insurance adjuster. Your insurance company will assign an adjuster to look into the case and verify the information. By responding promptly and providing them with all the information they request, the process can move smoothly.
4. Review your settlement offer. Once the adjuster has finished their assessment, you should receive a settlement offer, if your claim was accepted. It can be useful to have an experienced bodily injury lawyer look over the settlement, too, so you can be sure you're getting what you are entitled to.

If your claim was denied, or you do not believe they have offered you an acceptable settlement, you can file an appeal to have your claim reevaluated. Worst case scenario, you can take legal action if your insurance company is not cooperating with your negotiations.

To learn more, check out WalletHub's guide to bodily injury claims.

The difference between bodily injury (BI) and personal injury (PIP) coverage in car insurance is that PIP pays for the policyholder's own medical bills, while BI covers others' medical bills when the policyholder is at-fault. Bodily injury coverage is a form of liability insurance. It is required in almost every state, but only 13 states require personal injury protection. It's also worth mentioning that bodily injury coverage does not have a deductible, while PIP generally does.

Bodily Injury vs. Personal Injury Car Insurance

Since PIP applies to the policyholder, their passengers, and their household members regardless of fault, it is often referred to as no-fault insurance. It is required in states with no-fault laws, where drivers must file claims for minor injuries with their own PIP insurance rather than with the at-fault driver's bodily injury liability coverage.

To learn more, check out WalletHub's guides to bodily injury liability insurance and personal injury protection.

No-fault insurance claims work the same way as any other car insurance claims except for the fact that you always request compensation from your own insurance company, regardless of who caused the accident. You will typically file a claim with your personal injury protection (PIP) coverage for compensation for your injuries.

However, no-fault insurance does not cover your vehicle or other property damage – that is covered by the at-fault driver's property damage liability insurance or your own collision coverage.  

How the No-Fault Insurance Claims Process Works

1. You contact your insurance company following an accident. Contacting your insurer is not the same as filing a claim, but it's an important first step. Just be sure not to disclose any information that suggests the extent of your injuries, as this may hurt your claim in the future.
2. You collect documentation for your claim. This can include things like medical records, notes from doctors, receipts for hospital visits, proof of any tests that you went through, and photo evidence. Since no-fault insurance also covers peripheral costs, for things like childcare and lost wages, you should provide proof of needing those expenses covered, too, if applicable.
3. You file the claim. You may be able to file your claim online, by phone, or using your insurance company's app, depending on your insurer.
4. Your insurance company will investigate the claim. Insurance adjusters will look over the details of the claim and the evidence you provide to determine how much the insurance company needs to pay and to make sure there is no reason to suspect fraud.
5. Your insurance company will decide if the claim is approved or denied. Some states require insurance companies to approve claims within a specific timeframe following the investigation, but you should know if your claim is approved after 15 to 30 days on average.
6. You receive a settlement. If your claim is approved, your insurance company will provide you with compensation, often by check. You may also have the opportunity to appeal your settlement if you feel you should be awarded more than they are offering.

No-fault states typically place limitations on your right to sue the other driver after an accident. However, if your injuries are severe or permanent, you may be able to take legal action to secure more money to cover your expenses. Speaking with an experienced claims lawyer can help you understand if you have this option available to you.

To learn more, check out WalletHub's guides to no-fault car insurance, car insurance claims, and bodily injury claims.

Insurance pays $30,000 to $100,000+ per accident for bodily injuries, depending on which state you live in and how much coverage you purchase. Almost every state requires drivers to have bodily injury liability insurance to pay for other people's medical expenses from an accident that the policyholder is at fault for. Most states require a certain amount of coverage for each person, up to a maximum amount per accident.

Key Things to Know About Bodily Injury Liability Insurance

• Bodily injury liability insurance covers medical expenses, loss of income, funeral costs, and pain and suffering for the people affected by a car accident for which you are liable.

• If you are sued for someone's medical expenses after a car accident, the cost of your legal defense can be covered up to your policy's limits.

• You can elect to carry more coverage than your state requires.

• Insurance companies will often offer coverage limits up to $300,000 or $500,000 per accident for bodily injury liability insurance.

• Insurance companies and financial experts recommend that you carry enough bodily injury liability insurance to match your net worth, so your assets are protected from a potential lawsuit.

• You can purchase umbrella insurance if you need additional bodily injury liability coverage.

To learn more, check out WalletHub's guide on bodily injury liability insurance.

Geico pays up to the limits of your insurance policy for bodily injury claims, which will be at least $50,000 in most states. Injuries sustained by other drivers in accidents you are at fault for will be covered by your bodily injury liability insurance, while your own injuries can be covered by PIP or MedPay.

Example of How Much Geico Pays for Bodily Injuries

Let's say you have a Geico car insurance policy with bodily injury liability limits of $50,000 per person and $100,000 per accident. If you were to cause an accident, Geico would pay up to a maximum of $50,000 for each person you injured, with the exact payment amount depending on the extent of their injuries. The total payments would also be capped at $100,000. This does not include any of your injuries, though, and the claim still needs to be reviewed and approved before Geico will pay.  

For your own injuries after an accident that you cause, you can use PIP or MedPay if you live in a state that has these types of coverage. If you have a $5,000 PIP policy from Geico, for example, Geico will pay up to $5,000 in accident-related medical expenses, and even peripheral costs like child-care expenses and lost wages.

To learn more, check out WalletHub's guide to bodily injury claims and see our full review of Geico.

Any physical harm caused by an accident is considered a bodily injury, including burns, cuts, broken bones, and nerve damage. Bodily injury liability insurance covers medical expenses, lost wages, pain and suffering, and funeral costs related to other people's bodily injuries when you're at fault for a car accident. This type of insurance is required as part of minimum coverage in most states.

Examples of Bodily Injuries Covered by Car Insurance

• Burns
• Cuts, scraps, or lacerations
• Bruises
• Fractured or broken bones
• Nerve damage
• Organ damage
• Disfigurement
• Traumatic brain injuries
• Pulled or sprained muscles
• Dislocated joints
• Paralysis
• Mental anguish or emotional injury (in some cases)

For additional information, check out WalletHub's guides on bodily injury liability insurance and filing a bodily injury claim.

To fight a denied car insurance claim, you should submit a letter appealing the insurance company's decision and seek help from an experienced lawyer. Your appeal letter should include your claim number, your policy number, and information that counters the insurance company's reasons for denying your claim. Appeal letters can be sent through regular mail.

How to Fight a Denied Car Insurance Claim

1. Request a letter of explanation. Typically, your insurer will send a letter explaining why your claim is denied. However, if you do not receive one, you can request a written explanation from the insurance adjuster or your insurance company directly.
2. Gather counter evidence. This will vary depending on the nature of your claim. For example, when trying to fight a denied bodily injury claim, you may want to collect things like letters from your doctor, receipts for medical treatment, and photographic proof.
3. Submit your appeal. Some states have formal appeals processes that you and your insurer will need to abide by, but in general you simply need to submit your evidence and a letter explaining why you believe your claim was wrongfully denied.
4. Seek legal support. If your insurance company isn't responsive to your argument, or you suspect your insurer may be acting in bad faith, the best course of action is to seek legal advice. An experienced lawyer can help you review the claim and pursue litigation if needed.

If your appeal isn't successful, you may be able to sue the other party directly for your costs, but remember that lawsuits are time-consuming and can be expensive. Speaking with an experienced claims lawyer can help you figure out if suing the other driver is worth it.

To learn more, check out WalletHub's guide to car insurance claims.  

No, you cannot file a bodily injury claim against your own insurance policy because bodily injury liability insurance covers other drivers' medical expenses when you cause a car accident. If you're injured in an accident caused by another driver, you would file a bodily injury claim against their insurance policy. Even if the at-fault driver uses the same insurance company as you, you can still file a claim against them, since the claim is against their individual policy.

If you live in a state that has personal injury protection (PIP) insurance or MedPay, you can file a claim with your own coverage after being injured in a car accident. This wouldn't be a bodily injury claim, though.

Key Things to Know About Bodily Injury Claims

• If you did not cause the accident, most states allow you to file a bodily injury insurance claim against the at-fault driver.
• If you live in a no-fault state, you will file a claim with your personal injury protection (PIP) coverage regardless of who was at fault for the accident.
• If you were at fault for the car accident, your PIP insurance or your MedPay coverage will cover your medical expenses. If you don't have either type of coverage, you will have to rely on your regular health insurance.
• If you were injured in an accident caused by a driver who does not have bodily injury liability coverage, you can use uninsured motorist insurance to cover your medical expenses up to your policy limits.

To learn more, check out WalletHub's guide to bodily injury liability claims.