Bodily Injury vs. Property Damage Claims: What You Need to Know After a Car Accident
After a car accident, it’s important to understand that property damage claims and bodily injury claims are legally separate. Insurance companies assign different adjusters to each type of claim, and each has its own rules, processes, and strategies. Knowing the difference can help you navigate your case, protect your rights, and maximize your compensation.
1. Property Damage Claims
Property damage claims cover repairs or replacement of your vehicle and any other personal property damaged in the accident. Key points include:
Usually handled by a separate adjuster than the one handling your injury claim.
If the insurance company accepts fault, getting your car fixed is often straightforward.
If your car is totaled, insurers may dispute its value, requiring negotiation.
Settling property damage first is common, but it doesn’t impact your right to pursue a bodily injury claim later.
Example:
If your car bumper is repaired quickly, but the insurance company disputes the value of a totaled car, you may need to negotiate or even provide evidence (like car appraisals) to get fair compensation.
2. Bodily Injury Claims
Bodily injury claims involve medical bills, lost wages, pain and suffering, and long-term impairments. Key considerations:
Handled by a separate adjuster, often more experienced in dealing with injury cases.
Insurance companies may accept fault for the accident but still dispute the severity of injuries.
Sometimes a lawsuit may be necessary for bodily injury claims, even if property damage was already settled.
Example:
Jane’s car was repaired by the insurer, but she developed whiplash and back pain. The bodily injury adjuster disputed her injuries initially. Jane’s attorney documented her treatment, demonstrating ongoing pain and lost wages, leading to a fair settlement.
3. Can You Settle One Claim Before the Other?
Yes. It’s common to settle property damage first while your bodily injury claim continues:
Property damage settlements are often simpler and quicker.
Bodily injury claims may require time to evaluate medical treatment and ongoing care.
Settling your car claim does not prevent you from pursuing compensation for injuries later.
However, it’s crucial to avoid signing any documents that might inadvertently affect your injury claim when settling property damage.
4. Why You Need an Attorney
Even though property damage claims are often straightforward, an attorney is essential for your bodily injury claim:
Ensures that the insurance company properly values your injuries.
Documents and presents medical evidence effectively.
Protects your rights if a lawsuit becomes necessary.
Negotiates with adjusters to maximize compensation for pain, suffering, lost wages, and future treatment.
Conclusion
Bodily injury and property damage claims are separate claims with separate adjusters. You can settle your car repairs while continuing to pursue compensation for your injuries. Understanding the distinction and having an experienced car accident attorney ensures you receive full value for both claims and protects your legal rights.
