One of the most complex aspects of claims adjusting involves bodily injury investigations.
Provided coverage is in line, the immediate task is to determine liability. It's important to remember that a claimant must prove both liability and damages in order to be legally entitled to compensation.
Liability is crucial because comparative negligence is often overlooked. Claims executives lament that claims are settled at either zero or 100%, with the occasional 50/50 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 where comparative negligence is assessed, a huge opportunity for organizational improvement emerges.
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