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

Why You Should Choose Used Cars Canandaigua NY Over Brand New Vehicles

You are now one step closer towards having the car of your dreams. As you are reading this, you may already know by now that in Canandaigua, you will find numerous car dealers that offer both used and brand new vehicles, such as Vision Nissan. You may also currently be in the process of researching whether or not you should buy a used car or a brand-new one. You’re in the right place because here are the reasons why you should choose used cars instead: Reason For Selecting The Used Cars Over Brand New Vehicles There are several reasons you must make the application of the used cars over the brand new vehicles in Canandaigua NY. In this article you will get the complete details of it. 1. You will suffer from less depreciation: When you buy a brand-new car, you are paying for its full retail price. But did you know that the moment you step out of the car dealer to go home and take the car with you, the value of the vehicle immediately depreciates to at least 30%? This means that 30% of the amount you paid for has already been wasted due to depreciation, simply because the moment the car is bought, it is already considered a second-hand car. When you purchase a used car, you aren’t wasting money on this 30% automatic depreciation because the car is already depreciated and has been used before. Financially speaking, it is wiser, therefore, to buy a used car. 2. You will be paying for lesser insurance costs: The basic equation for you to remember is this: the higher the value of the car, the more that you will have to pay for insurance as well. This insurance expense is a fixed one, over and on top of all the other maintenance costs that you will have to pay for the care and preservation of the car. If your budget is going to suffer excessively, then it is best for you to go for the option that has lesser costs in terms of the insurance. Because second-hand cars have a lower value, you will be charged a smaller amount for the insurance coverage as well. Apart from insurance, you will also enjoy a lesser cost of registration. 3. You will be paying less for the purchase price itself: Buying a car is one of the most expensive financial burdens that you will be going through. Before you head out to Canandaigua to buy a car, give it a thorough think-through first as to whether or not you really can afford to pay for a brand-new car. If it seems like it’s going to hurt your budget too much, then going for a used car is the better route to take. Don’t worry about the quality, because gone are the days when used cars are associated with bad quality. You can still have a car of excellent quality for a lesser price than a brand-new one. Remember, a car isn’t worth getting into so much debt for. 4. You can choose a better model: Because will be saving at least 30% of the price that you would initially be paying for if you opted for a brand-new model, you now have the chance to buy a better brand and model in Canandaigua. Your options for the budget you have initially prepared are now broader, and you might just be able to afford that car you first thought you couldn’t. Wouldn’t it be nice to be able to upgrade your purchase to a better model? 5. You will generally experience more peace of mind: When you buy a brand-new car, you become overly conscious of even the smallest scratches that it could get. Naturally, you want your vehicle to remain in pristine condition as you paid a high price for it. Plus, repairs for a brand-new car can also be more expensive in some cases. For example, fixing a dent might cost more for a brand-new car than for a used one. With a used car, you wouldn’t be too conscious of the smallest dings or dents. Because you paid a lesser price for the car, it wouldn’t hurt you too much if you suddenly see a scratch on your car after leaving it in public parking, for instance. Conclusion: Now that you have this breakdown, here’s to hoping that you aren’t as anxious and doubtful as you used to be about buying a second-hand car instead of a brand-new one. While there are pros and cons to both, it all really boils down to your personal preference. Now that you are going to Canandaigua to shop for cars, these tips will, hopefully, open you up more towards buying a used car. Read Also: Best New Cars For Teenagers Pros And Cons Of Buying A Used Car Buying A Used Car? Few Negotiating Tips, You Can Use 2018 Tesla Model S: The Complete Electric Vehicle

A Set Of The Best Exercises For Truck Drivers

In order to stay fit, HMD Trucking strongly recommends all truck drivers exercise. You don't need to do anything extraordinary, it's the same classic set: running, planking, push-ups and squats, and rock climbing. Each of these exercises can be done without additional weight and they will help to stay toned for a long time on the road. If you are interested in this topic, you can read more here: https://www.hmdtrucking.com/blog/truck-driver-exercises-workout/. And remember that a regular exercise regimen will make a tangible difference in your quality of life, no matter how many years you've been driving a truck. 1. Running Running has been and still is one of the most effective ways to exercise all sections of the muscles, and it is also quite successful at burning calories. Running is available at any time and no matter where you are. You only need a pair of running shoes to get a good workout. Running strengthens the cardiovascular system and reduces the chance of stroke and other heart diseases. Professionals argue a lot about different styles of running, but the most important thing is to learn how to distribute the load so you don't hurt yourself. Running too often and for too long can lead to foot pain, joint pain, and more serious injuries. As with other healthy activities, you should start running slowly and based on your current fitness. 2. Planks The plank is a great exercise for beginning truck drivers. It helps develop stability and core strength, and at the same time builds up the lower back and abs. This will help reduce fatigue on long trips. Planks are performed in approaches of one minute or more. Try timing to see how long you can stand. To do the plank, lie face down on the floor, lift your body up and lean on your forearms and toes. Try to hold this position for as long as you can. Very soon you will feel the tension in your abs and want to lower your lower back to the ground. When doing this exercise, make sure your back stays stiff, or you will eventually get injured. 3. Push-ups Like most other exercises, push-ups also strengthen the core. But they also help strengthen your arms, back, and chest. Push-ups can successfully replace the bench press at the gym because they load the same muscle group. In order to do the push-ups correctly, place your hands on the floor at shoulder width. If you want to give your triceps an extra load you can pull your elbows up against your body. Try to keep your body straight and parallel to the ground. Then slowly bend your elbows and lower yourself to the ground. Do push-ups until your forearms are fully extended. The slower you perform this exercise, the more effective it will be. Repeat the push-ups as a series of 10 times. 4. Squats Squats can also be performed anywhere and at any time. After hours of driving, truck drivers can feel swelling in their legs. The sedentary posture restricts blood flow and your legs need movement to keep them from getting stiff. Regular squats strengthen the quadriceps and hamstrings and work on core strength and balance. Place your feet shoulder-width apart and put the weight of your body on your heels. Bend your knees, sitting smoothly backward, until your hips are parallel to the ground. Then straighten up without taking your feet off the ground. Repeat the exercise until you feel a burning sensation in your leg muscles. Improving The Best Exercises For Truck Drivers No matter who you are or what your body type is, a simple regular workout can seriously improve your health. Truckers are highly susceptible to gaining excess weight and related illnesses because of the stress their bodies are under. But in today's digital world, there are ways to remind you to exercise even when you're on the road. There are many devices like heart rate monitors and fitness trackers that can help you determine when and how you should get your body moving. And your cell phone is full of endless apps to help you exercise and keep fit even during long flights. Perfecting the exercises that are best for truck drivers can take a lot of time and effort, and it's no easy task. The exercises mentioned above are specifically for truck drivers because they are low impact, simple, and require no additional equipment or gear. If you want to increase the effectiveness of the exercises, feel free to take free weights with you on the road or just use whatever is in your cab. Get creative and try new things. Read Also: Get Cheap Car Insurance For Young Drivers2022 Car Models Drivers Crave – What’s on Your Radar?10 Tips to Prevent Truck Accidents: The Complete Guide for Truck Drivers

10 Causes Of Uber Accidents In The United States

With the rapid growth of rideshares, the number of Uber accidents is also increasing in the United States. Statistics say that in the year 2019, Uber will have completed around 6.9 billion trips. With the increasing market share of over 12 million rides in the year, the number of severe accidents is also increasing. Causes Of Uber Accidents In The United States What possible reasons work behind the increasing number of Uber accidents? Here are the major causes of Uber accidents in the United States of America. Knowing these will help you to check when you are thinking about How To Sue Uber for a Car Crash. If you want to know more on How To Sue Uber for a Car Crash, you can view website. 1. Speeding While Driving Speeding is not only a cause for Uber accidents but also for overall accidents in the USA. Uber drivers get paid on the basis of how many rides they have completed. Now, isn’t it obvious they will mostly want to overspeeding for completing more rides in a day? As a result of this, accidents happen. 2. Inattentive Drivers Recruiting inattentive drivers is another reason, which works behind the increasing number of Uber accidents. In order to get the job of an Uber driver, you just need to have a driving license and at least experience. They do not check one’s driving skills and end up recruiting some inattentive drivers, who become the reason for Uber accidents. 3. DUI Or Drunk And Driving Drinking under the influence is a common road accident cause in the United States of America. Sometimes, Uber drivers also break the rules and run and drive or drive under the influence of alcohol, narcotics. We all are aware of how dangerous drunk driving can be for drivers of any age group. 4. Driver Fatigue Prolonged duty hours make the drivers tired. They became tired and sleepy. Driver fatigue is really dangerous and causes some deadly road accidents. Sometimes it is about a fraction of a second, the driver feels drowsy and closes his eyes for a second, and the accident happens. 5. Tailgating Most of the Uber drivers have a tendency to drive too close to the vehicle in front of them. Eventually, in some cases, it becomes one of the reasons for the increasing number of accidents. So, always ask your driver to maintain a safe distance if he is tailgating with another vehicle. 6. Acts Of Nature Acts of nature are something where humans do not have any control. What we can do is avoid driving during tough natural circumstances, such as torrential rain, sleet, ice, or high winds. All of these can cause devastating road crashes. This is where you probably can not think about How To Sue Uber for a Car Crash. 7. Vehicle Maintenance Failure Safe driving is not enough to reduce the number of Uber accidents. Maintaining the health of the vehicle is also important. So, before riding a vehicle, if you feel that the vehicle is looking too old, you can deny the ride. Every part of the car should be in proper working condition for having a safe ride. 8. Unsafe Lane Change The drivers should follow all the traffic rules and norms. Unsafe or sudden lane changes often cause ugly car crashes. It is always advised to maintain the proper lane when one is driving, and there are no considerations for Uber drivers and you when you are in a hurry. 9. Road Rage Never get your Uber driver involved in road rage. Road rage comes with a lot of other accident causes like overspeeding, unsafe lane change. So, stay away from any kind of road rage and drive safely. 10.Running Red Lights And Stop Signs When there is a red stop sign, you should stop there. It does not matter how important the interview is for you or how long it is taking to go home. Always press the brake when you are in the driver’s seat of an Uber or any other car. Know About The Riders’ Insurance When you are in an Uber cab, and the cab is involved in an accident, you should know about the rider’s insurance. When you are hurt, the company has a rider policy to offer you the necessary amount. Read Also: What to Do When You’re Involved in a Car Accident in Albany How To Find Best Car Accident Lawyer Near You 5 Types of Damages You Can Claim After a Car Accident Lyft vs Uber: What’s the Difference Between the Ridesharing Giants?

Important Terminology In Filing For A Car Accident Claim