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

How Long Can You Go Without An Oil Change?

How long can you go without an oil change? Is this something that you have been searching for? If yes, then you have reached the right place for an answer. We all know that we need to change the oil of the engine once in a while. But, really, how long can we go on without changing it? And what happens if we don't do it for a very long time? There are so many things that you will learn in this blog. So there is one thing you need to do! Keep reading this blog till the end to learn more… How Long Can You Go Without An Oil Change? Image Source: di-uploads-pod27.dealerinspire.com If you are searching for the answer to "how long can you go without an oil change," you have come to the right place. The answer is simple, yurt not! So bare with me, and let me explain. Previously, car owners were advised to go for an oil change after every 3,000 miles. This was long back when the condition of the engines was not as high as they are now. Technology has changed the way we live now. And it has also been able to improve the quality of the vehicle engines. That is the reason why now, cars can generally go from 5,000 miles to 7,000 miles without an oil change. However, this also depends on the quality of the oil. For example, if you are using synthetic oil for your vehicle, you might not need an oil change for a very long time. Most people who use synthetic oil for their car can go on for 10,000 miles to 15,000 miles without an oil change. So, the shortest answer to "how long can you go without an oil change" will be 5,000 miles to 7,000 miles. How Often Should You Get An Oil Change? While it is true that in modern times, you can go on without an oil change for up to 5,000 miles to 7,000 miles, waiting that long is still not ideal for the engine of the car. The interval that you should keep in mind for an oil change generally depends from car to car or from manufacturer to manufacturer. In the case of most cars, manufacturers recommend that you get an oil change twice every year. This means that it does not matter how much or how many miles you have driven; it is still best to get your oil changed every six months. The car manufacturer usually recommends the optimum time interval for an oil change, and it can be found in the manual. All the cars these days have a monitoring system that tracks the oil life for your mileage and other driving habits. This system helps you to understand when it is time for an oil change. Why Should You Get An Oil Change? There are a number of people who still are unaware of the reason why you should get an oil change for your vehicle engine. Here is the reason why you need to get an oil change and why it is required: Lubrication: Oiling the engine of the car makes sure that there is enough lubrication to keep the engine working. As the car engines work together, it causes a lot of friction among them. Oiling the engines creates harmony and ensures that they are able to keep the car in good health. Impact On Gas Mileage: One of the most important reasons for oiling the car or going for an oil change is that it has a positive impact on the gas mileage of the vehicle. It makes sure that there is a reduction in fuel consumption. Regulates The Engine Temperature: Last but not least, an oil change is essential as it helps to regulate the temperature of the engine. It keeps to components of the engine cooler by lubricating and reducing friction. How To Know If You Need An Oil Change? Image Source: di-uploads-pod20.dealerinspire.com When an oil change is necessary, there are a number of warning signals that you may look out for. So if you are someone who does not know when the engine needs it, you need to check on these warning signs. Take a look at these: Burning Smell: When the engine needs an oil change, you will often get a smell of oil burning. This smell is strong and often fills the cabin or the front seat. The Dashboard: The dashboard of the car, where all the vitals of the engine is shown, plays one of the most important parts in indicating when you need an oil change. Change In Color: The color of the engine oil is mostly clear and amber. If you have not gone for an oil change in a long time, you will notice that the oil has turned black while collecting all the debris from the engine. The Engine Makes Noise: This is the most important indicator. However, you should not wait so long. If there is not enough oil in the car, the engine will start making a noise because of friction. Wrapping It Up! A lot of people often ask about how long can you go without an oil change. If that was something that you were searching for, I hope that this article has been of help to you. If there are any other questions that you might have related to the same, please do not hesitate to ask me. Scroll down at the bottom of the page to leave your queries in the comment box. And I will be there with all the answers that you need! Read Also: How To Choose The Best Wheels And Tires For Your Vehicle? Car Wont Start After Getting Gas – How To Fix This Problem? Car Shakes At Idle But Smooths Out While Driving – How To Fix This Problem?

What is Driver CPC Certification and Who is Required to obtain it?

Every professional driver operating a bus, lorry, or a coach needs to get a driver CPC certification. The certification contains standards followed during driver training as well as continuing education for career professionals. The purpose of requiring drivers to undergo this certification is to ensure proficiency and competency on the job. What is the Primary training of drivers for CPC certification? CPC stands for Certificate of Professional Competence and to all domains of you can apply it. All professional drivers who fall in the category of C or D license. If you are a new driver and live in Sheffield, and this is your first time to undergo CPC certification, you’ll need to find a course for Driver CPC in Sheffield providing initial training. The instruction includes sufficient preparation for testing theories and applying practical skills. If you don’t go through the initial qualification process, you won’t be able to proceed to obtain a commercial driver’s licence. Who is required to take periodic training? Once a driver completes initial CPC training, a card is presented confirming that all legal requirements were met. This card is valid for the next five years. Once the card is about to expire on its fifth year of validity, drivers have to undergo periodic training to renew certification. Periodic training is necessary for maintaining competency and development. Each recurrent training consists of 35 hours in the classroom administered by accredited training providers. Training providers typically customise the programmes to meet the needs of their clients. Some clients may require their drivers to have training on emergency procedures for road safety, while there are others that may require additional training on how to handle volatile products like petroleum. Who needs a driver CPC certification? The critical identifier that a driver CPC certification is necessary is when a driver is a professional driver. But there are some exceptions which typically involve non-professional drivers. Those who drive the following types of vehicles for a living need CPC certification: Heavy equipment used in construction Buses operating on local and regional routes Coaches Tipper trucks Bin lorries Articulated lorries Aside from the drivers, operators also need to obtain CPC certification. But the training for operators is different from that of drivers. Exceptions to CPC certification: The law has built-in guidelines on who is exempt from taking CPC certification. There are professional drivers and non-professional drivers who may be exempt according to these guidelines. Professional drivers exempt from obtaining a CPC certification are: Professional drivers driving vehicles in the armed forces, police, fire service, and civil defence. Professional bus drivers who don’t receive compensation for their service and the vehicle has less than 19 seating capacity. You are driving a qualified vehicle, but only doing so for personal purposes. Vehicles driven for rescue or emergency operations. These are only a few of the exemptions in the list of those required to get a CPC certification. It is essential that you review the complete list and guidelines to know if your driving activity will also need a driver CPC certification. Read Also: How To Shop For A Car With Your Teen Driver? How Do Self-Driving Cars Really Compare To Human Drivers In Terms Of Safety?

5 Major Car Maintenance Tips To Help Prevent Accidents

Are you thinking of the fact for maintaining the car maintenance tips in the correct order? If yes, you need to develop certain factors that can help you keep your car safe from accidents. Car maintenance can help you keep your car to avoid any disastrous accident that can create a long-term impact on your life. You have to plan things well that can help you to achieve your objectives in the right way. Several tips are there that you can seek from an experienced Atlanta Auto Accident Lawyer. Proper car maintenance ensures the prevention of car accidents to a considerable measure. Different Ways To Prevent The Car Accidents In A Better Way Several factors can help you prevent the chances and the scope of car accidents in a better way. Let’s identify the ways that can help you to achieve your objectives in a better way. 1. Tires If you want to stay safe on the road while driving your car on the road, you need to regularly cross-check the tire’s condition. The wear and tear of the tires you need to examine daily by checking the alignment and the pressure of the tires daily. A study has shown that 83% of Americans do not have any good idea of inflating the tires properly. They do not know this fact to maintain their car correctly. It can help you to prevent the car accidents to a considerable measure. 2. Wipers Windshield wipers that are damaged due to accidents do not work well and can cause severe damage to you and others on the road if you are not careful of it. Wiper blades are beneficial at the time of the rain and safeguard your car at the time of the dust storms. You can remove the debris of the storm for proper vision using the wipers. Now, if the other car does not take care of these facts and causes the accident on the road, then you can take the help of a personal injury lawyer to help you in this case. Now, you might think about personal injury law that can help you to achieve your claim amount from the cause of the accident. Your personal injury lawyer can help you in solving this query of yours. 3. Working Lights The car headlights also form a crucial part of your car that you need to take care of while driving the car on the road. Car headlights can help you show the road at night while driving the vehicle and reduce the chances of accidents to a big measure. Broken lights or shabby lights can cause car accidents. Therefore, you need to know the norms of the road well to achieve your objectives in a better way and to ensure your safety to a great extent. 4. Battery Today’s cars have some sophisticated inbuilt computers present in them that puts lots of pressure on the car battery. It can also damage the vehicle to a great extent. You need to be careful of this fact. To resolve the issue of car battery damage, you can maintain the car regularly. You need to take care of these factors while you are planning to keep the safety of your vehicle intact in the correct order at the right time. 5. Brakes You need to take care of your car brakes properly and regularly to avoid any case of car accidents. You have to plan things well to achieve your objectives in the correct order at the right time. If your car brakes do not work correctly and any accidents occur, you can consult these issues with your Atlanta Car Accident Lawyer. You can take the help of your lawyer to assist you in getting the claim amount from the car accident case. Car Maintenance Can Ensure Prevention Of Accidents Here, in my article, you can understand that car maintenance can handle car accidents in a great measure. The more careful you are on the road, the better you can avoid car accidents. You have to understand that if you want to ensure the safety of your life, regular and daily car maintenance can help you in that. You need to plan things well to achieve your objectives. Read Also: Car Care for Newbies How to Organize Your own Maintenance Service A Comprehensive Guide on How to Charge Your Car Battery

Important Terminology In Filing For A Car Accident Claim