How to file a bodily injury claim if a property damage claim has already been filed?
Question Details: I was in an accident and filed my claim that same night with my insurance company. They are going after the other driver for fault and are already wanting to settle property damage claim. What about bodily injury for myself. How do I open claim for that?
The property damage and personal injury claims are separate. The property damage claim is usually resolved early in the case.
Since the other driver was at fault, both your property damage and personal injury claims should have been filed with the at-fault party's insurance carrier.
Notify the at-fault party's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.