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.

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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.

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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

7 Ways Truck Accidents Differ from the Regular Car Crashes

Truck accidents happen due to severe weather conditions, road hazards, and exhausted driving. When accidents occur, the laws require further steps than are needed for a standard auto accident. Federal and state laws apply to truck accidents, and law enforcement must follow these laws when determining what happened. Victims who were involved in a trucking accident review the 7 ways truck accidents differ from regular car accidents. Here are the 7 Ways Truck Accidents Differ from the Regular Car Crashes: 1. Federal Motor Carrier Safety Administrator Regulations Apply Federal Motor Carrier Safety Administrator regulations require all commercial drivers to take a resting period after each 12-hour driving schedule. A failure to follow the regulation increases the risk of a trucking accident. All miles traveled in the truck are recorded in the driver's log. Additionally, the drivers are required to stop at weigh stations that are open throughout the interstate. An imbalanced load increases the risk of the rig jackknifing and causing a trucking accident. All drivers and trucking companies must follow all federal laws pertaining to operating an 18-wheeler. 2. A Higher Potential Payout Through Insurance Trucking companies have more insurance coverage than most auto owners. Victims involved in the trucking accidents have a chance of receiving far more substantial payouts to cover medical expenses and property damage if the truck is owned by a trucking company. The coverage applies to all victims involved in the accident when the commercial driver is responsible for the accident. If the victim's injuries and property damage costs exceed the coverage maximum, the victim can file a lawsuit to collect compensation. 3. A More Thorough Investigation is Required Federal laws require more thorough investigations for all trucking accidents. An investigation determines if the commercial driver followed federal regulations or if the driver was under the influence of drugs or alcohol. The truck is evaluated for mechanical failures that contributed to the accident, too. 4. More Substantial Injuries and a Higher Risk of Fatalities The risk of more substantial injuries or fatalities is greater than with regular car crashes. The weight of the commercial truck alone increases the likelihood of a fatal accident. Trucking accidents often include several vehicles and multiple injuries. 5. More Potential Individuals Could be Involved in the Accidents The accountable party isn't always clear at first when it comes to trucking accidents. First, law enforcement evaluates the driver. If the driver didn't cause the accident, the next step is to evaluate the truck for mechanical failures and faulty parts. Any mechanical failures that were due to the trucking company's failure to serve the truck make the trucking company liable. 6. Medical Bills Often Cost More After a trucking accident, the victim's medical bills could cost a lot more than if the victim was involved in a regular car crash. Since injuries are often more severe, the medical costs are greater, and some patients sustain permanent injuries. Traumatic brain injuries are more likely in commercial trucking accidents. 7. More Property Damage Than in Regular Auto Accidents Extensive property damage is possible in a trucking accident. The path of the accident defines how much property damage occurs. If the accident happens on a major highway, it is possible for the accident to involve multiple vehicles and properties that are nearby. Commercial trucking accidents increase the risk of serious injuries and fatalities. Whenever a large-scale truck is involved, the weight and the speed of the truck play a role in the outcome. Victims who were involved in the accidents follow tips for filing lawsuits and collecting compensation for their injuries and financial losses. Read Also: Get to Know Interstate and Intrastate Heavy Haul Transport The Hidden Damages In Workspaces: 5 Steps To Reduce The Risk Of Workplace Injuries!

Ram’s Power Brokers: Who Owns RAM?

Ram Trucks, an American brand of light-to-mid-weight trucks and other commercial vehicles, is a division of Stellantis (formerly Fiat Chrysler Automobiles). Ram Truck Division (of Chrysler) went as RAM. It was founded in 2010 as a spin-off from Dodge and went with the Ram pickup truck brand. The original Dodge logo was replaced with the Ram Trucks logo. But who owns Ram? The Warren Truck Plant in Warren, Michigan, and the Saltillo plant in Saltillo, Coahuila, Mexico, are the two locations where Ram 1500 "Classic" trucks are manufactured. At Sterling Heights Assembly in Sterling Heights, Michigan, new series Ram 1500 pickups are manufactured. From the beginning, the brand has been known by the slogan "Guts. Glory. Ram." Who Owns RAM: History Before the 1970s, Dodge kept a distinct truck brand called Fargo Trucks, mostly for use outside of the US. From that moment on, Chrysler sold all of its trucks under the Dodge brand. After Chrysler filed for Chapter 11 bankruptcy protection in June 2009, Fiat Group acquired a 20% share in Chrysler Group LLC, and Sergio Marchionne succeeded Robert Nardelli as CEO. That year, on June 10, "New Chrysler," formally known as Chrysler Group LLC, acquired almost all of Chrysler's assets. The agreement received funding from the federal government in the amount of US$8 billion, or almost 21%. "World Class Manufacturing," or WCM, a system of meticulous manufacturing quality, came under CEO Marchionne. A number of products relaunched with distinction and elegance. The divisions that handled Ram, Jeep, Dodge, SRT, and Chrysler split to concentrate on their own identities and brands. In 2010, Ram Trucks set sail as a Chrysler division, taking the Ram name from the Dodge Ram pickup lineup that is currently on sale. Chrysler claims that the Ram Trucks brand will focus on "real truck customers," as opposed to irrational buyers who purchase the trucks based solely on appearance or fashion. When Daimler stopped producing the Dodge Sprinter in 2008, there was a void in the North American market that was filled by the Fiat Ducato cargo van, which is now sold as the Ram ProMaster. Truck sales were to rise "from today's 280,000 to 415,000 by 2014." Recent Past Chrysler executives have expressed their desire to take on Ram in the semi-trailer truck market. This is possible by Fiat's ownership of Iveco and the extensive network of Dodge dealers. According to former Ram Division President Fred Diaz, "Ram trucks are not a Dodge model." Ram trucks are independent of Dodge automobiles. Ram's vehicle identification number (VIN) will never change from that of a Ram. To enable Dodge to adopt a new brand identity—one that is hip, stylish, youthful, and vivacious—we must continue to market as Ram. That won't work for the truck buyer campaign. There should be different themes for the two." Fiat increased its ownership of the company on July 21, 2011, when it purchased the Chrysler shares that the US Treasury had been holding. Diaz left Ram Trucks in April 2013 to take a position as vice president of divisional sales and marketing for Nissan. Reid Bigland took his place. In January 2014, Fiat Chrysler became a separate corporate entity. Reid Bigland, the CEO of Ram Trucks, came in August 2014 to oversee the Alfa Romeo brand in North America. Later, Robert Hegbloom would take over as head of the Ram Trucks brand. He was a longtime Chrysler employee who joined the company in 1986. He had previously served as a director for Dodge. Bigland moved to become the CEO of Ram Trucks in October 2018. Not long after, he learned that the division had been fabricating sales figures, and he sent the data to the US government for further examination. Pop Culture Image Source: townsquare.media Having driven a GMC Sierra in the first season, Cordell Walker (Chuck Norris) spent the majority of its existence behind the wheel of a silver Dodge Ram. The truck was part of a bigger product placement arrangement with Chrysler. The villains drove automobiles from rival Detroit automakers General Motors and Ford Motor Company. While the other main characters drove other Chrysler vehicles. Throughout the CBS television series' run, the Ram received a lot of advertising during commercial breaks. The two main characters, Bill Paxton and Helen Hunt, used a 1995 red Dodge Ram 2500 pickup truck as their storm-chasing vehicle throughout the 1996 movie Twister. Unintentionally, Ram Trucks made their way into popular culture on February 4, 2018, during Super Bowl LII. The usage of Rev. Martin Luther King Jr.'s sermon "The Drum Major Instinct" in their commercial was criticized by social media users. It's advertising for promoting Ram Truck with such a sales was especially troubling. Content creators on YouTube quickly created spin-offs that presented a more truthful view of King's sermon and views on advertising. There were "What Martin Luther King Actually Thought About Car Commercials," "The MLK Super Bowl Ad Dodge Didn't Show You," "What Dodge LEFT Out Of Their MLK Commercial In Super Bowl," and so on. In Taylor Sheridan's Yellowstone television series, Ram trucks are the preferred work vehicles of the Yellowstone Dutton Ranch. It has the ranch's branding and logo on its sides. The trucks come in a range of configurations, with the majority being 2500-series vehicles running on 6.7L Cummins diesel. When Did Dodge And RAM Split? After buying Dodge in 1981, Chrysler maintained the most well-liked models, including RAM pickup trucks. Their pickup trucks were marketed as "Dodge RAM" from 1981 to 2009. Following a reorganization within the brand, Dodge and RAM separated into two distinct car lineups. In order for Dodge to concentrate on creating new cars that could rival models like the Chevrolet Corvette and Jeep Wrangler, the company split into separate entities. Due to this division, the brand was able to produce some incredible standout products. The lineup includes the SUV Durango, the Dodge Charger and Challenger muscle cars. Other fan favorites are also available at the Miami Dodge RAM dealership. So Who Owns RAM? Image Source: wallpapers.com Chrysler, the parent company of Dodge, launched RAM as a separate brand for its pickup trucks in 2009. A truck manufactured prior to 2009 is referred to as a Dodge RAM. All pickup trucks manufactured after 2009 are just RAM trucks. The only difference is that their pickup trucks have a RAM branding. While their Dodge cars, SUVs, and minivans remain part of the same company. Why Did Dodge And RAM Split? Why, then, did Chrysler split these two brands apart? New models with greater focus came into development thanks to this process. Dodge developed the Dodge Challenger to rival the Chevrolet Corvette sports car. It allows RAM to concentrate on producing more robust builds and more potent engines for Spanaway jobs. The two brands could become more distinct and specialized if they split. Wrapping Up It's possible that your old RAM still has the "Dodge RAM" logo if you bought it before 2009. After the company stopped producing "Dodge" trucks in 2009, all trucks after that time became "RAM trucks." Additionally, the same owner owns RAM and Dodge. The trucks, however, go by the name of RAM. If you have thoughts to share or questions to ask about who owns RAM, please leave a comment below. We would love to hear from you! Read More About: Truck Driver App: Revolutionizing The Trucking Industry Off-Road Adventures Await: Navigating Terrain With RC Trucks HVO Fuel Uncovered: The Secret Fuel That Could Change Everything Calculating Damages In Truck Accident Claims: Evaluating Medical Expenses, Lost Wages

Used Car Buying – How To Do It Right.

Used cars tend to be the most popular amongst UK drivers and it can be easy to see why. Second-hand cars have a lower purchase price, suffer from less depreciation and there is an endless amount of choice! The main disadvantage of buying a used car is the lack of knowledge regarding its history. When you buy a new car, you will be the first owner and don’t have to second guess how the car’s been treated or if it’s been involved in an accident. Reduce the risk of something going wrong with your next used car purchase by following these top tips below for safe car buying. Know your affordability. Before you make any large purchase, you should know how much you can afford to pay for it. This can speed up the buying process if you only shop for cars within your budget. Your budget may be one lump sum to pay for a car with cash or spread the cost into monthly payments with finance. Whichever way you choose to buy your next used car, you should try not to stray from your budget as you may get into a deal that you can’t afford to pay back. Check the market value. Once you know how much you can spend on a used car, it’s time to see which cars you could buy. A quick internet search of local, trusted dealerships can help you to find used cars you can afford. It also gives you an idea of how much the cars you like would cost. For example, if you’re striving for a used BMW on finance, knowing how much it would cost to buy one can give you an idea of how much your monthly budget could be. Knowing the market value of the cars you want to buy also helps if you’re buying with cash and wanting to negotiate the price. If there’s a similar model from a dealer down the road but with a lower price, you could use this as leverage or get a better deal. Check credit score for finance. No matter if you’re looking for finance for a Volkswagen or a Porsche, the first thing you should do is to check your credit score. Your credit score can affect your ability to get approved for finance and not knowing where you fall on the credit scale can be costly. A low credit score can make it harder to get approved if your low score is due to missed or late payments in the past or a lack of credit history. This is because you are seen as more of a risk to lenders and are more likely to default on future loans too. If you need to improve your credit score you should do so before applying for finance. Check insurance rates. If you’re buying your first car, insurance rates can be some of the highest around. Newly qualified drivers are more likely to have a road accident in their first year of driving which bumps up the premium. Searching around for cheaper cars to insure and in your budget could help you save money. buying a used car isn’t just about the initial purchase price but also about being able to afford the running cost too. Use a reputable dealership. You can buy a second-hand car from a dealer or private seller but to help protect your purchase, you should consider buying your car from a reputable and trusted dealer in the UK. Buying from a dealer gives you an added layer of protection and means you are covered by the Consumer Rights Act 2015. This act means you are entitled to a full refund, repair, or replacement if the car is not as described or fit for purpose. Check the status of the dealer with the FCA and read verified reviews of other customers before committing to the sale. Check the history of the car. Used cars run the risk of having a hidden history but you can check the history of a car you are interested in buying for free. You can check the tax and MOT status of a car and get more information by simply entering the registration number into the DVLA website. You can also make a one-off payment of around £10 with a trusted Car History Check website to see if the car has been stolen, previously written off or still has existing finance on it. Test drive and check the vehicle. Before you commit to buying a used car, you should always test drive it first to see how you like it. Take the car out for at least 30 minutes, drive it on different types of roads, and perform maneuvers to get a feel of how it drives. Also, take this opportunity to park up somewhere and check over the vehicle for any imperfections or damage. Read Also: Beginners Guide To Buying A Classic Car Buying a Used Car? Few Negotiating tips, you can use Used car: simple steps for buying from a reliable cars dealership

Important Terminology In Filing For A Car Accident Claim