Auto Insurance Claims: Bodily Injury Liability Coverage, bodily injury liability, bodily injury liability coverage

Question
I was a passenger in a vehicle a friend of mine was driving who was involved in an accident.  I had my head down momentarily digging in my purse when the collision occurred so I did not see exactly how it happened.  The only thing that I can recall is that my friend began driving again seconds after it happened. My airbag did not deploy and my head hit the windshield pretty hard, shattering it, I was taken to the ER and treated for minor cuts and a concussion.  My friend was arrested for DUI.  My friend contacted her insurance company and filed a claim stating that the accident was a result of a hit and run, shortly thereafter it was discovered that this was not true and that the other driver involved in the accident was attempting to file a claim against her for a hit and run.  In the meantime, a claim filed under my personal medical insurance had been filed to pay my ER bills and $5000 of my friend's Medical under her car insurance were paid to cover some of the bill, still I was left a few thousand dollars in debt.  After learning of the change in story I contacted the claims adjuster feeling that I also had a bodily injury claim, but was told that after investigating and finding the two drivers with conflicting stories and no outside witnesses, my claim was denied because they were not able to find their insured to be negligent.  The claims adjuster went further to say that a statement from me could not be taken in regard to the incident because it is against their policy as I stand to gain something. Due to the circumstances the claim would have to go into arbitration and determined by a 3rd party, at that time it would be decided if the claim was to be paid or not.  My friend has been charged with the DUI in court and placed on probation for it and also for leaving the scene of an accident. In court officers also presented a video of her after her arrest in which she was clearly drunk, uncoordinated, and slurring.  With that and also a police report and my friend's acknowledgement of her being at fault, I have once again contacted the claims adjuster, whom I have yet to hear back from.  Do I have a valid claim or what happens now?

Answer
Yes, you have a valid BI claim.  Since we do not yet know what happened in the accident, it is not yet clear who owes what.  

The arbitration the adjuster referred to is not relevant at this point.  That will be used to resolve the dispute between the 2 insurance companies regarding who pays for which property damage.  It could be used in what is called "special arb" if one of the insurers stepped up to settle your BI claim.  They could then seek recovery of some or all of what they paid you in special arb.  But they do not have to do this in most states so I would not count on it.

If your friend caused the accident, her insurance should settle your BI claim.  If the other party was partially responsible, both companies should settle your BI claim by splitting the difference.  If neither insurer is willing to settle with you, you will need to get a lawyer who can sue both drivers, and the judge or jury will decide who owes what.  You will need to be willing to sue your friend in order to accomplish this.  Her insurance company will assign a lawyer to defend your suit.  This may seem uncomfortable but it happens often.  As long as you do not seek more than her insurance policy will pay, this will not cost her anything.

One issue to consider:  you may be partially negligent for "asumption of risk" if you knew she was drunk when you got in the car with her.  Depending on the law in your state, this could either bar your entire claim, or it might reduce your claim.

Another issue - seems odd the airbag did not deploy.  Did anyone check into this?  If there was a vehicle defect, the car manufacturer might have some liability to you.

This is a complex case and you probably need an attorney.  You can find personal injury attorneys who will handle your claim on contingency, meaning that your legal fee will be a percentage of the amount the attorney gets for you.  This is normally between 25-50%.  Call the bar association or friends for referrals.  Stay away from the TV Ad lawyers - most are not very good.