What a bodily injury claim covers
A bodily injury claim is a request for payment from the at-fault driver's insurance company when you or your passengers are hurt in a car accident. The at-fault driver's liability insurance pays for your medical bills, lost wages, and pain and suffering — not your own insurance company. You file the claim against their policy, not yours.
Bodily injury liability is the part of an auto insurance policy that covers injuries the policyholder causes to other people. Every state except New Hampshire requires drivers to carry it. The amount varies by state and by the policy the at-fault driver chose — common limits are $25,000 per person and $50,000 per accident, though many drivers carry higher limits.
The claim covers medical treatment you receive after the accident: emergency room visits, surgery, physical therapy, ongoing doctor appointments, and prescription medications. It also covers income you lost while you were unable to work during recovery. Pain and suffering — the non-financial harm from your injury — is also compensable, though calculating that amount is more subjective than adding up medical bills.
Key Takeaways
- You file a bodily injury claim against the at-fault driver's liability insurance, and their insurer pays your medical costs, lost wages, and pain and suffering.
- You need documentation of the accident, your injuries, and all medical treatment to support your claim — police reports, medical records, and receipts matter.
- The at-fault driver's insurance company will contact you, but you can also contact them directly with your claim information and the accident details.
- Settlement offers often come within weeks or months, but you have the right to reject an offer and pursue the claim further if it does not cover your actual losses.
- If the at-fault driver's policy limit is too low to cover your injuries, you may be able to pursue a claim against your own underinsured motorist coverage.
How to start a bodily injury claim
Contact the at-fault driver's insurance company as soon as you have medical documentation of your injuries. You will need the accident date, location, police report number (if one was filed), the at-fault driver's name and policy number, and a description of how the accident happened. If you do not have the at-fault driver's insurance information, the police report will usually contain it.
Call the claims department of the at-fault driver's insurer and ask to open a bodily injury claim. Provide your name, contact information, and the accident details. The insurer will assign a claims adjuster to your case. That adjuster will ask you for medical records, bills, proof of lost wages, and any other documentation showing your injuries and their cost.
You can also wait for the at-fault driver's insurance company to contact you first — they often do within days of the accident if a police report was filed. Either way, you are not required to accept their first offer or to sign anything when ready. Take time to gather your medical records and understand the full extent of your injuries before responding to any settlement proposal.
Documentation you will need
Start collecting documents as soon as you receive medical care. Request copies of all medical records from every provider who treated you — the emergency room, your primary care doctor, specialists, physical therapists, and any other clinicians. Include the date of each visit, the diagnosis, the treatment provided, and the bill or explanation of benefits from your insurance.
Gather proof of lost income: pay stubs from before the accident, a letter from your employer stating the dates you missed work and your hourly rate or salary, and tax returns if you are self-employed. If you had to pay for transportation to medical appointments, childcare while you recovered, or home care services, keep receipts for those expenses too.
The police report is critical. Request a copy from the police department that responded to the accident — you will need the report number and the officer's name. The report documents the accident scene, statements from both drivers, and often the officer's information of fault. Insurance companies use this heavily when deciding whether to pay your claim.
Photographs of vehicle damage, your injuries (if visible), and the accident scene all strengthen your claim. Text messages, emails, or notes documenting your pain, limitations, and recovery timeline are also useful. The more specific your documentation, the harder it is for the insurer to dispute the cost of your injuries.
What happens after you file
The claims adjuster will review your documentation and may request additional information or medical records. They may also ask you to provide a recorded statement about the accident. You are not required to give a recorded statement, and many people choose to have an attorney present if they do. Be honest but brief — stick to facts about the accident and your injuries, not opinions about fault or the other driver.
The adjuster may also request that you be examined by a doctor hired by the insurance company, called an independent medical examination (IME). You are generally required to attend if the insurer requests it, though the exam is at no cost to you. The IME doctor will review your medical records and examine you to assess the severity of your injuries and whether your treatment was reasonable.
Once the adjuster has reviewed all documentation, they will make a settlement offer. This offer is typically lower than what you might recover if you pursued the claim in court, because the insurer is trying to close the case quickly. You have the right to reject the offer, request more information about how it was calculated, or ask for a higher amount based on additional documentation.
Negotiating a settlement
If the initial offer does not cover your documented medical bills and lost wages, respond in writing with a detailed explanation of why. Include copies of all bills, receipts, and pay stubs. Explain any ongoing treatment you expect and provide a doctor's estimate of future medical costs if applicable. The adjuster will review your response and may increase the offer.
Negotiation typically takes several rounds of back-and-forth. The insurer wants to close the case; you want fair compensation for your actual losses. If you reach an impasse, you can hire an attorney to represent you. Many personal injury attorneys work on contingency, meaning they take a percentage of any settlement or judgment rather than charging you upfront.
Once you accept a settlement offer, you will sign a release form stating that you will not pursue any further claims related to this accident. Read the release carefully before signing. Some releases are broad and prevent you from suing the at-fault driver for anything; others are narrower. Do not sign until you understand what you are giving up.
When the policy limit is not enough
If your injuries cost more than the at-fault driver's policy limit, you have limited options. The at-fault driver's insurer will pay up to their policy limit, but you cannot recover the remainder from them. You can pursue a claim against the at-fault driver personally, but most individuals do not have assets to recover from.
If you carry underinsured motorist (UIM) coverage on your own auto insurance policy, you may be able to file a claim with your own insurer for the difference. UIM coverage is optional in most states and covers injuries caused by drivers whose liability limits are too low. Your own insurer will pay up to your UIM limit, minus what you already recovered from the at-fault driver's policy.
Check your own auto insurance policy to see whether you have UIM coverage and what your limit is. If you do not have it and your injuries exceed the at-fault driver's policy limit, discuss your options with an attorney. Some states allow you to sue the at-fault driver directly for damages beyond their insurance limit, though collecting a judgment is difficult if the driver has no assets.
When you disagree about fault
If the at-fault driver's insurance company disputes that their driver was at fault, they may deny your claim entirely or offer a reduced settlement based on comparative fault. In states that use comparative negligence, you can still recover even if you were partially at fault — your recovery is reduced by your percentage of fault. In states that use contributory negligence, being even slightly at fault can bar you from recovery entirely.
If you disagree with the insurer's fault information, provide additional evidence: witness statements, photographs of road conditions, traffic camera footage, or an accident reconstruction informed's report. The police report's information of fault carries weight but is not binding on the insurance company.
If the dispute cannot be resolved through negotiation, you can file a complaint with your state's insurance commissioner or pursue a lawsuit. Many people hire an attorney at this stage because proving fault in court requires evidence and legal argument beyond what most people can do alone.
Frequently Asked Questions
How long does it take to settle a bodily injury claim?
straightforward claims with clear liability and documented injuries often settle within two to four weeks. More complex cases with disputed fault, ongoing treatment, or high medical costs can take several months or longer. The timeline depends on how quickly you provide documentation and how willing both sides are to negotiate.
Can I file a bodily injury claim if I was partially at fault for the accident?
Yes, in most states. Your recovery will be reduced by your percentage of fault. In a few states (Alabama, Maryland, North Carolina, Virginia, and Washington D.C.), being even slightly at fault bars you from recovery. Check your state's comparative negligence rules or ask the adjuster how fault will affect your claim.
What if the at-fault driver does not have insurance?
If the driver is uninsured, you cannot file a bodily injury claim against their policy. Instead, file a claim with your own uninsured motorist (UM) coverage if you have it. UM coverage works like bodily injury coverage but protects you when the other driver has no insurance. If you do not have UM coverage, you can sue the uninsured driver directly, though collecting a judgment is difficult.
Do I have to accept the first settlement offer?
No. You can reject any offer and request a higher amount. The insurer is required to negotiate in good faith, and you have the right to provide additional documentation supporting a higher settlement. If you cannot reach agreement, you can hire an attorney or file a lawsuit, though this takes longer and costs more.
Should I hire an attorney for a bodily injury claim?
For minor injuries with clear liability and low medical costs, you may not need one. For serious injuries, disputed fault, or settlement offers that do not cover your documented losses, an attorney can help negotiate or litigate on your behalf. Many work on contingency, so you pay nothing upfront — they take a percentage of any recovery.