Liability: Dissecting a Bodily Injury Evaluation

"General Liability investigations often hinge on key elements developed by the investigator. Any one of the facts you obtain will direct your determination of liability and damages. This article addresses the key elements to include in your investigation." 

Brian Single

Sr. Claim Examiner

Provencher & Company

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Dissecting a BI Evaluation
Determining liability is a critical element of the investigation

One of the most complex aspects of claims adjusting is that of bodily injury investigation. In this article, we are going to simplify the process and share key elements of the investigation that will ultimately drive outcomes.

Provided that coverage is in line, the immediate task at hand for new claims is to determine liability. It is important to remember that a claimant must prove both liability and damages in order for him to be legally entitled to compensation. 

Liability is crucial because comparative negligence is so often overlooked. When speaking with claims executives, they often lament the frequency at which claims are settled at either 0% or 100% with the occasional 50% sprinkled in for good measure. The reality is that roughly 3% of all claims are settled with a comparative negligence assessment. When compared to the more than 50% of all cases adjudicated by juries in which comparative negligence is assessed, a huge opportunity for organizational improvement emerges. Continue reading....

This article, in it's entirety, was originally published by Property Casualty 360