How to Settle a Bodily Injury Settlement
You have been injured in a car accident and have been handling your personal injury (PI), also known as bodily injury (BI), claim with the insurance companies. You are trying to figure out who should pay what, when and how. Unfortunately, your medical bills remain unpaid, you are wasting hours trying to figure it all out and all you want is to move on with your life. Follow these steps to properly document your claim to ensure a top settlement offer.
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Things You'll Need
- Police report
- Medical records and bills
- Wage loss documentation
- Photographs of you before and after the collision
- Fax machine access
Instructions
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How To Settle Your Bodily Injury Claim
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Order the police report by addressing a simple cover letter to the appropriate department. The letter should state the date, time, and location of the accident and include the police report number given to you by the responding officer at the scene.
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2
Notify all auto and your health insurance companies of the accident. DO NOT sign any releases. Sign an authorization to release medical information ONLY with YOUR insurance companies. If you have Personal Injury Protection (PIP), it will pay for your medical bills up to your coverage limit. Once exhausted, your health insurance should cover your bills per your contract terms.
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3
Seek medical treatment immediately. The longer you wait to get evaluated and treated, the more difficult it will be to prove that you were injured. The insurance company should pay for all treatment that is reasonable, necessary and related to the accident.
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4
Document everything. Without a record, it will be difficult to prove your claim to the insurance company. Maintain a daily log of your symptoms and rate your pain on a scale of 1 to 10, 10 being excruciating. Keep receipts for everything: co-pays, parking, medications, etc. If you can no longer clean your home or maintain your yard and are forced to hire help, keep those receipts as well. The insurance company should reimburse you for everything that is properly documented as being related to the collision. Photographs of you before and after the accident illustrate how the collision has affected your activity level and quality of life.
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Obtain wage loss documentation from your employer. Any time you miss from work due to staying home in pain or attending medical appointments is reimbursable. Request a log of missed hours and the value of those missed hours (based upon your hourly wage) from human resources.
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Negotiate your claim. Once you have been discharged from medical care, collect your medical records and bills and submit them to the responsible driver's insurance company. The insurance adjuster will review them and make a comprehensive settlement offer. Negotiate until you receive a "top offer." If you have PIP or health insurance, they may claim a reimbursement from the settlement to avoid a windfall to you.
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Tips & Warnings
If you are confused by the process or feel that you are not being treated fairly by the insurance companies, you should seek a free consultation with an experienced personal injury attorney.
