Study 1 - Investigating Bodily Injury Claims Flashcards
Types of Injuries
- Soft tissue Injuries
- Catastrophic Injuries
- Psychological Injuries
- Slip and fall injuries
Role of a Bodily Injury Adjuster
- Advises claimants and insureds how to proceed with the claim process and outlines the benefits they may be entitled to
- Adjuster clarifies exactly what policy entitlements may be.
- Payments of first party benefits are issued promptly. Third party may be issued interim or advance payments.
Characteristics of a Bodily Injury Adjuster
- Good Communication Skills
- A professional and courteous Manner
- An understanding of medical terminology and injuries
- An ability to show empathy and understand
- Knowledge and good analytical skills
- Familiarity with laws and theories of defence
Investigating Claims
- Confirm Policy Coverage
- Gather information
- Verify facts
Procedure for Written Statements
- Choose a location
- Prepare for the interview
- Guide the process
- Get the statement giver to sign the statement
Ideal location to do written statements
At an adjuster’s office or nearby coffee shop
Statement Checklist
- Claimant info
- Pre-accident
- Accident
- Injury
- Damages
- Other Eligible Claimants
Questions following a motor vehicle incident
- Type of Impact
- Position of Claimant
- Injury
- Initial Treatment
- Diagnosis
- Prognosis
Possible Fraud Indicators
o Exceptional unusual circumstances
o Connections between many claimants
o A rental car involved in the accident
o An employer who is difficult to contact
o A claimant who refuses to meet with the adjuster
o A claimant who does not disclose a source of collateral benefits
Fraud Indicators Specific To Injury Claims
o A claimant with a lengthy claims history or extensive pre-existing medical history
o A claimant who uses doctors or other professionals known to represent claimants in prior suspicious claims
o A claimant with subjective soft tissue injuries
o Many subjective symptoms
Common Defenses for Liabiliy
- Volenti Non Fit Injuria: risk voluntarily assumed activity. Example: Hockey players
- Act of god
- Inevitable Damage
- Remoteness of damage
Types of liablility
- Contributory Negligence
- Joint and Several Liability: when two or more people are found at fault
- % rule – if the insured is found as little as 1% liable it may be possible for the plaintiff to collect the full amount from the insured
Judgement Proof
Relates to joint and several liability: When tortfeasors don’t have enough insurance coverage to cover loss