How to Claim Bodily Injury From an Accident

Car accidents happen any day, anywhere, and sometimes even despite all precautions. Overall, they occur due to many circumstances. But, there’s one thing they all have in common: all accidents leave you with unexpected bills to pay! These expenses arise from car damage as well as bodily injury — Even a seemingly minor accident can lead to huge medical expenses. And while you can’t always prevent accidents, you can get help to make them less expensive and stressful. Essentially, basic car insurance covers medical bills and expenses resulting from an accident.

Car accidents can leave us jarred in more than one sense. Here is what you need to know about dealing with traffic injuries and how to claim bodily injury from insurance.

What to do after a car accident

In the event of a car accident, you will need to take the right steps and precautions to ensure everyone’s safety and minimize complications down the line.

• Check for bodily injury — the most important first step you can take is to make sure everyone is safe.
• Dial 977 for an ambulance, if anyone is severely injured. 
• Report the accident to the police — the police report will be crucial to your car insurance claim later.
• Wait until help arrives. Be careful! If you leave the scene before that, you may face hit-and-run charges.
• Once everything is settled, review the accident report and your insurance policy coverage before you file a claim.

Filing car accident injury claims

If you have been injured in a car accident, both comprehensive and TPL insurance pay for medical bills and expenses resulting from an accident. However, they differ based on who’s at fault, and whose bills need to be paid. So, let’s explain how the police determine fault and who pays.

Determining Fault

To determine who is at fault in an accident, police will examine the scene and gather all the relevant facts to prepare the accident report. The process of determining fault in an accident can either be straightforward or very complicated — Think of, an accident in which multiple drivers are pointing fingers at one another!

In general, accidents result from some action drivers took or because they failed to take an action. So, it’s not always clear who or what caused the accident. In these cases, Saudi traffic laws allow splitting the blame and the responsibility for paying damages between the drivers on a percentage basis, such as 25/50/75/100.

For example, if two drivers were not taking reasonable care while driving, then both of them share blame for the accident; as both drivers may have contributed to the accident.

No-fault (0% liability)

If the situation is clear cut and the other driver is 100% at fault—you should file a third-party claim with the other driver’s insurance company. The other driver’s insurance will cover all expenses and costs related to the accident.

The at-fault driver’s insurance will cover vehicle damage, medical bills, and all other accident-related expenses.

If you are the at-fault driver (25-100% liability)

When an accident is your fault — anything between 25% to 100% liability —  having TPL insurance can help protect you from the costs of being liable for an accident; Third-party liability coverage comes into play to compensate the injured in a car accident that you caused.

For example, if you’re 75% responsible, then the other driver holds responsibility for the remaining 25%. Therefore, the compensation they will receive will be reduced by 25%. However, if you are 100% liable and only carry TPL insurance; then you will have to pay for your own repairs and medical bills out of your pocket.

On the other hand, comprehensive insurance with personal accident coverage will help pay the medical expenses for you, the other driver, and the passengers; regardless of who is at fault.

Claim bodily injury from an accident in Saudi

In Saudi Arabia, individuals who have suffered bodily injury in an accident can seek compensation through the court system. Additionally, they may be entitled to Diya money, a form of blood compensation. To pursue these claims, follow these steps:

1. Initiate a Lawsuit in Traffic Courts:
   • File a traffic lawsuit using the efficient “Najiz” system, allowing for electronic submission of legal claims. Clearly outline the accident details and resulting injuries, seeking compensation for damages.
2. Provide Medical Reports:
   • Present detailed medical reports as crucial evidence to support the extent of injuries sustained in the accident. These reports should encompass diagnosis, treatment history, and any ongoing medical complications. If needed, the court may refer the injured to a public hospital for a thorough medical assessment.
3. Undergo Expert Evaluation:
   • After presenting medical evidence, the court will appoint an expert to assess the nature and severity of the injuries. The expert will issue a medical certificate determining the appropriate compensation amount.
4. Submit a Claim to the Insurance Company:
   • Following the court’s judgment, file a compensation claim with the insurance company of the responsible driver. The insurance company is obligated to cover the compensation awarded by the court

What does a bodily injury claim cover?

When someone sustains injuries in a car accident, insurance may help pay for the following costs:

• Medical and surgical treatment expenses.
• Compensation for temporary and permanent disability.
• Compensation for lost wages and income.
• Blood money, in case of death as a result of an accident.

If an insurance provider delays or denies payments, you can submit a complaint to SAMA Care. Alternatively, if the issue is not resolved, you can get in touch with the Ombudsman Center in Saudi. Learn more about Insurance dispute.

Can Insurance Companies Refuse Bodily Injury Claims?

Under all circumstances, insurance companies must pay for any costs that emerge when you harm a third party. But, insurance companies have the right of recourse. Put simply, the right of recourse means that the insurer can legally recover the amount paid to a third party from the policyholder; if they caused damages excluded from the policy coverage.

Mainly, car insurance policies will not cover accidents that happen as a result of violating traffic rules like red light running or drifting. Of course, each insurance policy is different; So make sure to know exactly what is and isn’t included. It is important to read and compare policies carefully before you buy your insurance.

Stay safe, stay insured

For everyone’s safety, keep a first aid kit in your car; A well-stocked first-aid kit can help you respond effectively to common injuries and emergencies! By the same token, make sure you have adequate insurance coverage too. Compare car insurance policies and quotes instantly online on wakeel.