One of the most complex aspects of claims adjusting involvesbodily injury investigations.

Provided coverage is in line, the immediate task is to determineliability. It's important to remember that a claimant must proveboth liability and damages in order to be legally entitled tocompensation.

Liability is crucial because comparative negligence is often overlooked.Claims executives lament that claims are settled at either zero or 100%, withthe occasional 50/50 sprinkled in for good measure. The reality isthat roughly 3% of all claims are settled with a comparative negligence assessment. Whencompared to the more than 50% of all cases adjudicated by jurieswhere comparative negligence is assessed, a huge opportunity fororganizational improvement emerges.

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