Bodily Injury Liability Law

December 4, 2002

Synopsis

California law requires that drivers have liability insurance to cover claims of bodily injury, as well as property damage. A minimum amount of coverage is required per person, per accident, and for property losses. If a person is at fault in an accident, whether or not he or she has insurance, he or she may have to pay the injured party. Liability insurance is intended to protect a household from such possible expenses.

Claims of bodily injury against a driver at fault include all losses related to injury. Examples of payments are for medical bills, rehabilitation, wage losses, child care, transportation to the doctor's office, shopping, house cleaning, meal preparation and clean-up, snow shoveling, and laundry. Pain and suffering losses, loss of enjoyment of life (now limited by the collision), disfigurement (scars), loss of limbs, permanent injury, impairment of earning capacity, and inconvenience are also allowed claims. A spouse, not involved in the collision, can claim "loss of consortium," which is loss of society, companionship, and other assistance provided by a spouse. 

Payments are based on obligations left over after medical insurance coverage is exhausted. Request for payment must be made within a specific limited time period after the medical visit. 

There is a statute of limitations for bodily injury claims. Adults typically must file a lawsuit within three years after the collision. 

Some states require a minimum expense, such as $2,500 medical expenses, to file a bodily injury claim.

Permanent disability, permanent disfigurement, or inability to work are major factors in many liability claims. Such major expenses require many hours of negotiations and many legal and hospital forms.

Uninsured and underinsured motorists are a problem. You can buy extra insurance for such a collision, in which the other driver is uninsured or is a hit and run driver.

Some states have "No Fault" or "Personal Injury Protection" insurance, in which the company insuring a person's car pays no matter whom is at fault. 

Bodily injury claims are a major part of law, and many practices specialize in this law. Large sums of money can be involved. Attorneys are needed to handle the many legal forms and procedures. Attorneys can argue for the defendant or claimant. They can take cases of bodily injury on speculation and be paid only if they win the case. Attorneys also can be familiar with the police, hospitals, and insurance agencies to smooth the process. Attorneys may also have to work with other attorneys in bodily injury cases that involve possible violations of criminal law. Bodily injury cases also have effects on families and so can involve family law.

Bodily injury law involves insurance companies, hospitals, and police agencies, and requires coordination among many people. Detailed legal work is required. Bodily injury law also involves clients who have suffered loss of life or limb as well as property losses, and so strong human emotions often occur.