Important Terminology In Filing For A Car Accident Claim

Published on: 26 March 2021 Last Updated on: 11 December 2024

In a different post, we’ve mentioned steps you can take in filing for a car accident claim. But in addition to knowing what guidelines to follow during the process, it is vital that you understand legal terms frequently used in claim-filing.

Legal matters related to car accidents and filing an accident claim is a rigorous process. Even with legal assistance by your side, you’ll need to know which term means what.

In this article, we have listed the most important legal terms you must be familiar with when filing for a car accident claim.

From your Kansas City car accident attorney to you, below is terminology you will encounter as you file for, investigate, evaluate, and submit your car accident claim.

Car Accident Claim-Filing Terms And Definitions-

When filing for a car accident claim, it’s important to check the insurance you already have. However, there are some legal terms and insurance terms you must be familiar with to get through the process easily.

1. Burden Of Proof:

“Burden of proof” is the term used to describe the actual task and act of proving yourself innocent in an accident claim. And proving damages wrought and injuries incurred which you believe (and calculate) worthy of the value you specify in your claim.

You, being the plaintiff (the person who is stepping forward to present the claim), have the burden of proof as you “prove” to the courts or the party of the defendant your right to said claim.

2. Liability:

“Liability” refers to one’s “debt” or “responsibility” in coming up with recompense for the car accident and for causing the car accident in the first place. The party that is liable for the car accident claim is also called the “defendant,” “accused,” “appellant,” and “respondent.” Other categories of crime use the term “suspect” as well.

Besides pointing out who the liable persons are in a car accident, this can be established and legally determined through pieces of evidence in the accident scene, police reports and related documentation, vehicular damages, injuries, statements from bystanders and witnesses, traffic violations (via recorded evidence), etc.

3. Claim:

A legal claim is a request a person can make for court review, wherein you state evidence-supported reasons at the outset for why the claim is being presented.

Technically speaking, a claim falls outside the bounds of a “legal case” and will transition into it only if the claim is denied and/or a settlement is not concluded.

4. Settlement:

In law, a settlement is a conclusion, the coming-to-terms, or the agreement of litigants regarding the particulars mentioned in your claim. Reaching a settlement means that the defendant is amenable to it and is willing to provide compensation for the car accident, with the exact value specified in the same claim.

When a settlement is reached, you will not have to escalate the claim into a court case. Also, reaching a settlement should be the goal of your claim submission.

5. Uninsured Motorist Coverage (UIM):

Some states in the U.S., Missouri included, require that drivers sign up for UIM or Uninsured Motorist Coverage. A UIM is a kind of insurance that protects drivers in the event that the perpetrator of the accident does not have any insurance coverage.

Losses, or portions of it, can be covered by the UIM. The amount in a UIM will depend on your policy’s terms and limits.

6. Actual Cash Value:

This is a phrase used to define what the damaged automobile’s market value is. Think of it as what the value or “price” your car would have borne right before the accident took place.

7. Negligence

When filing for a car accident claim, it’s important to know about different terms. Negligence is one of them. This term is used when a car accident is caused by the actions or inactions of a driver.

Their lack of care can cause harm to another person, making them liable for the damage done. However, to win this lawsuit, the victim has to prove that the driver was negligent.

8. Tort:

Tort suggests a wrongful act committed to a person which leads to an injury. This prompts an injured person to damage another person. This makes the injured file for a lawsuit for a remedy in the Civil Court. Someone with tort insurance can sue a person who was responsible for the accident.

9. Adjuster:

An adjuster is a professional who works for the insurance company to negotiate a fair settlement between the policyholder and the company. They work to reach a mutually beneficial compensation for the loss or damage done due to the accident.

They make a proper assessment of the claim and talk to the claimant and other witnesses. The adjuster also has to witness the property in question. It’s also their responsibility to review the relevant documents.

10. First Notification of Loss (FNOL):

Here’s the initial notice provided to the insurer by the people holding a policy when the insured faces an unfortunate accident. One can see it as the first important step for filing a claim under the car insurance policy. This application is filed when your insurer gets the first notice of you filing for the damage, loss, or theft.

11. Third-Party Liability Cover:

Third-party liability insurance is a type of policy covering a person against any legal liabilities they incur due to accidents. The coverage under this liability insurance is provided when the person under insurance causes harm to another third party.

12. Comprehensive Policy:

Here is another insurance-related term one should know to cover themselves from vehicle accidents. This insurance coverage provides all-round protection from uncertainties and risks associated with accidents. It can be due to damage to your vehicle, unforeseen disaster, theft, etc.

Conclusion

When dealing with car insurance claims, you mustn’t forget all the different terms we have mentioned in this article. While most of them are related to legal matters, some terms are also related to insurance policies and companies.

Did you find this article helpful? Share your thoughts in the comment section. Thank you for reading.

Read Also:

Soumava Goswami

A passionate writer and an avid reader, Soumava is academically inclined and loves writing on topics requiring deep research. Having 3+ years of experience, Soumava also loves writing blogs in other domains, including digital marketing, business, technology, travel, and sports.

View all posts

All Comments

Balony Jednorożce

I appreciate the thought and effort you put into this post. It's both educational and engaging.

Reply 2024-03-28 11:36:15

Car Accidents in California- What Does the Law Say?

Whether it’s a fender bender or a head-on collision, car accidents happen to drivers in California all the time, resulting in serious injury or property damage. This makes it very important to know what to do if you find yourself in a similar situation. So, if you are reading this blog post, we assume that you have recently been in a car accident and want to know more about what the law says regarding your situation. The following information will help answer some of your questions regarding car accidents in California and what they mean for you moving forward. What To Do After a Car Accident in California When you've been in a car accident, regardless of the severity, the first thing to do is to contact the police. Police officers on site will ensure everyone's safety and create the CHP traffic incident report. You will need this document to file an insurance claim because it will state the accident's details and who is at fault. During the call, you should mention if anyone is injured. Doing this will ensure that injured drivers or bystanders receive medical attention as soon as possible. But if you’re all good, you can proceed to notify your insurance company as soon as possible. This means that you should call your insurance provider as soon as you can and inform them of the accident. If your vehicle is damaged, you should also take pictures of the damage and keep a record of all expenses related to the accident, such as towing charges or repairs to your car. Your next step should be to exchange information with the other driver. This means that you should record their name, contact information, and the insurance company. Determining Liability After a car accident, the first thing to do is to determine who is responsible. You will have to do this with the other driver or their insurance company. You will have to prove that the other driver is liable for the accident because they broke one of the road rules or failed to follow the standard of care. These include failing to yield the right of way, following another car too closely, or driving above the speed limit. In some situations, more than one driver may be at fault for the accident. In this case, both drivers will have to share some of the liability for the damages caused due to the accident. When Is a Car Accident Considered To Be Your Fault? In most situations, the other driver will be responsible for the accident. However, if the accident was your fault, you won’t be able to recover any damages from the other driver. This means you will have to cover all costs of the accident, including medical bills and repair costs to your car. In some situations, you may be able to get insured for your own fault, but this will depend on your car insurance policy. How Car Accident Lawyers Can Help If you have been in an accident and have been injured, it might be a good idea to contact car accident lawyers. These kinds of car accidents can get very complicated very quickly, so having a lawyer on your side can help reduce the stress of the situation. They can help you determine who is to blame for the accident and what damages you can recover from. Car accident lawyers can also help you get compensated for any injuries you have sustained. Damages you may be entitled to include medical bills, lost wages, and vehicle repairs such as to your car or the other vehicle. In Conclusion Car accidents can happen to anyone, anywhere, and at any time. This is why it is important to be prepared in case you find yourself in a similar situation. You should know what to do if you are in a car accident in California and what to expect moving forward. Hopefully, the above information will help make your experience smoother and less stressful. Additional: Steps To Follow After A Car Accident Steps to Filing a Car Accident Claim in Waukegan Philadelphia Residents: How A Car Accident Lawyer Can Help You? 7 Things to Do After a Car Accident in Fort Worth For Your Protection and Safety

How To Negotiate The Best Deal When Selling Your Car For Cash In San Diego?

Selling your vehicle for cash in San Diego can be straightforward and profitable, provided you approach the process with preparation and knowledge. Knowing how to negotiate effectively is key to securing the best possible deal. It starts with understanding the value of your used car and involves a series of strategic steps, from setting a competitive asking price to handling potential buyers' offers with confidence. To get cash for your junk car in San Diego you need to ensure that your vehicle stands out in San Diego’s competitive market. It's critical to get it in prime condition before listing it for sale. This could mean investing in minor repairs or ensuring it's clean and presentable. Then, when executing the deal, clear communication and a firm grasp of your car's worth are indispensable. The better equipped you are with information and negotiation tactics, the more likely you will walk away with a satisfying cash deal. Preparing Your Vehicle for Sale Before listing your car for sale in San Diego, it's crucial to prepare it properly to secure the best possible deal. This involves accurately valuing your car, having the right documentation, making necessary repairs and improvements, and presenting your vehicle effectively. Determining the Value and Asking Price To establish a fair price for your vehicle, check its market value through trusted valuation guides. These resources can provide a good estimate based on your car's make, model, and condition. For example, a Mini or a Ford will differ in valuation from an Audi or a Honda due to factors like brand reputation and demand in San Diego's car market. Vehicle History and Documentation Ensure you have a comprehensive vehicle history report, including a record of all inspections, the VIN, and the license plate number. This report benefits potential buyers and can help you justify your asking price. Collect all necessary paperwork, including service records and warranty information, which reflects the value of your vehicle. Making Repairs and Improvements Before selling, examine your car for needed repairs and decide which improvements are cost-effective. Even small maintenance on a Ford or Honda can significantly impact the value of your vehicle. Likewise, investing in key replacements or fixes for premium brands like Mini or Audi can justify a higher asking price. Detailing and Presentation A well-cleaned and detailed car can make a powerful first impression. Take quality photos from multiple angles and write a detailed description of your vehicle, highlighting its features and upgrades. Remember to have your car's interior and exterior cleaned thoroughly; a spotless presentation can help you secure a fair price. Executing the Sale When selling your car in San Diego, you want the best deal in as little time as possible. Stay focused on these steps to ensure a smooth and successful transaction. Negotiation Techniques To negotiate effectively, set a realistic price based on your vehicle's condition and market value. When offers begin to come in, don't jump at the first one. Use it as a baseline to gauge future proposals. Always remain calm and assertive during the negotiating, and don't be afraid to counteroffer if the price doesn't meet your expectations. During the test drive, highlight the car's best features and be transparent about its history to instill confidence in the buyer. Closing the Deal Once you and the buyer have agreed on a price, it's time to close the deal. Ensure all the necessary paperwork, like the vehicle title and a bill of sale, is in order. If you opt for a direct deposit, confirm all financial transactions are completed before handing over the keys. Buyers often appreciate clarity and efficiency at this stage, so prepare everything to finalize the sale promptly. Alternatives to Private Sales While private sales can offer more money for your vehicle, they aren't the only route. Consider selling to an online retailer or a car dealership. These options can save time by avoiding the haggling in private sales. If you're interested in quick, hassle-free options, consider services that get cash for your junk car in San Diego, which often includes free pickup and immediate cash offers. When considering a trade-in, understand that the trade-in value may be less than selling privately, but it can be a swift and straightforward process. Conclusion Key Takeaways Understanding your car's value sets the stage for effective negotiation. Preparing your vehicle for sale can significantly increase its appeal. Clear communication and firmness during sale execution are vital for the best deal. To secure the best deal when selling your car for cash in San Diego, ensure you understand the market value of your vehicle and have it in prime condition before listing. Be strategic in negotiations, and remember that a well-informed seller is equipped for success. Patience and preparedness will serve as your best tools in achieving a favorable sale. Read Also: 5 Different Types of Car Accident Claim How To Prepare For Massachusetts Car Shipping How Car Leasing Works And What To Expect

What Do You Need To Change Car Rims?

If you’re a regular car user, changing your car rims is something that you might only do if they either get scratched by a pavement, or they get completely worn out. For car enthusiasts though, this is a completely different story. Car lovers are known to tweak certain things about their cars just to make things look, sound or even feel better. Most of them do it as a hobby and are even prepared to spend top dollar in their quest to alter or improve the condition of their cars. If you think that this is a hobby that you could easily take to, then one of the parts of your car that could be easier, to begin with, is your car rims. For those that are completely clueless about cars, a rim is the cylindrical outer edge of a wheel that supports and holds the tire to it. They are definitely among the most noticeable parts of a car. For any true car enthusiast, having a set of rims that complement the car’s aesthetic appeal is very important. You might choose to have them off-the-shelf or get customized diamond-cut alloys. In fact, you can opt to design and personalize your own from scratch thanks to modern-day technology. Wheels vary in size and style, and this can adversely affect the type of car rims. Bigger wheels are considered sportier and are ranked higher, but they also come with their fair share of cons. Be ready to experience a change in fuel consumption, steering performance, speedometer reading, and quick tire wear if this is what you’d like to go for. A good rim is one that fits well in the tire. As it rotates around the tire nods, the contact that occurs produces friction that helps the wheel turn. You don’t want to have a set that interferes with your wheel turns, so it is advisable to seek help from a rim professional before purchasing any set. This will ensure that you get the most worthy set for your car. When it comes to types of rims, the steel rims are more affordable and are usually covered by a hubcap to make them more appealing. They are also heavier than other rim materials. The aluminum rims are stylish and durable, while the carbon-fibered ones are newer, durable and light-weighted. This helps a lot in the conservation of fuel. Simple steps to guide you when replacing your car rims: Installing new rims isn’t hard, but it requires careful execution and the right set of tools to make sure it’s done correctly. Be sure to follow these simple steps to guide you when replacing your car rims at home. 1. Select and buy New Rims The whole rim replacement process begins by purchasing a new set. You can do this by visiting various local auto parts dealers in your area. You can also opt to check online from a well-known shop that offers stylish yet durable rims. You’ll also have to give a bit of thought into the color. Red rims tend to provide a more personalized look while chrome rims give your car a nice and noticeable shine. Black rims tend to be more popular within the younger generation as it gives the vehicle a darker curbside appeal. Don’t forget to check the weight of the rim as this affects your vehicle’s overall performance. Also, be sure to match your new rims to your current tires. The diameters of the new and old set should be equal. You’ll also need to check whether the bolt patterns and bore circle diameter are similar in order to perfectly fit. Collision might occur if the rims aren’t fitting. 2. Make sure the Vehicle is Stable. Ensure you have a flat and level spot to park. For automatic cars, be sure that the car is in the park and the emergency brake is secured. We don’t want the car to accidentally roll forward or backward. Instances where the vehicle rolls are very common. This is especially when you end up rushing the process without paying much attention. This often happens to people who are removing a wheel for the very first time. You can use a piece of wood, a rock, brick or any other firm item that is a few inches high to support the wheel. 3. Lift the car and Remove the Wheel You’ll need to start off by removing the hubcap using a screwdriver. Similar to changing a tire, look for notches or grooves under the car where you can safely place the car jack. Take the car jack and use it to slowly raise the wheel until a bit of the weight has been taken off the wheel. Slightly raising prevents the whole wheel from turning as you loosen up the nuts. Apply force while removing the lug nuts as they’re usually tightened up pretty good. Before you loosen the nuts all the way, pump the jack and completely lift the wheel off the ground, but do not overly suspend it in the air. Then, use a socket wrench to turn the nuts counterclockwise. Make sure not to lose the bolts as they will be used with the new rims. Remove the wheel and lay it flat on the ground. 4. Remove the Old Rim Let the air out of the tire because it’s harder to remove the rim with all of it still in there as it will require more effort and take more time. Insert a tire lever on various points of the wheel; be careful not to damage the tube. Once done, go ahead and pry the old rim off the tire. You can also apply oil around the edges of the rim to make it easier for it to pop out. Make sure to do it evenly so as to prevent the rim from bending. Cheaper rims tend to bend easily and this makes them unable to be re-used once damaged. 5. Attach the New Rim Be sure to remove any dust from the side tubes and tires by using a wire brush. This will provide a clean and even mounting surface. After attaching the new rim, re-inflate the tire by using an air compressor. Carefully place the tire back on the hub and align the rim with the car’s wheel bolts. You can use your hands to screw in the nuts before you pick up the torque wrench. It is important to note that each vehicle has different torque specifications that are set by the manufacturer. So before you purchase one, make sure you look for one that is compatible with your car. They are a bit pricey and if you want a quality wrench you might have to spend close to $100. The car jack is used to apply a specific force to a bolt and prevent over-tightening. They make sure the wheel nuts are neither too tight nor too loose. These torque wrenches come in four styles; dual beam, bending beam, digital beam, and the click style. For the clicker, you’ll hear a click sound from the wrench once the required torque is attained. After you’re done be sure to reset the wrench to zero. This will help keep it calibrated for longer, but in case you happen to damage it, you can get it repaired by taking it to your nearest auto dealer shop. 6. Carefully Lower the Car to the Ground After you’re sure that everything is well in place, slowly lower the car to the ground until the tires have taken back the vehicle’s weight. Afterward, proceed to gently remove the jack. Once done, attach the hubcap and repeat these steps on the rest of the wheels. When all the rims have been replaced, you’ll need to check the alignment of each wheel. You can do this through a test drive to be sure that the rims won’t pop off. Try and keep a low speed as you do so. In case the vehicle isn’t stable, you can go to your nearest shop and have a professional fix the issue. For all automobiles, the right set of rims is important. This is because they contribute towards whether your ride will be smooth or rough. Comfort and durability come first for many drivers. As you might have seen from the outlined steps, replacing an old rim isn’t necessarily difficult. Yes, it might take time, but the final result will be worth it. Be careful not to damage the rims or puncture your tires during the whole process as this will end up costing you, instead of saving your coins. If you still feel like you can’t manage the rim change on your own, remember, asking for help is always an option. Don’t hesitate to ask for assistance from people who are more familiar with such situations. It’s better to have it done well and ensure the durability of the car rims. Cars can say a lot about their owners. What does your car say about you? Read Also : Useful Tips About Mobile Car Detailing To Avoid Any Costly Maintenance And Repair Issues Washing Your Car: 7 Dos And Don’ts

Important Terminology In Filing For A Car Accident Claim