Important Terminology In Filing For A Car Accident Claim

Published on: 26 March 2021 Last Updated on: 11 December 2024
Car Accident Claim

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:

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:

 

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

Leave a Reply

Your email address will not be published. Required fields are marked *

All Comments

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

Related

Evolution Of Braking Systems In Modern Vehicles

Evolution of Braking Systems in Vehicles: Prevent Rear-End Collisions

The automotive industry has witnessed a significant evolution over the years, especially in the realm of vehicle safety. One of the most noteworthy advancements is in braking systems, which have evolved dramatically in newly built cars. These advancements are particularly crucial in preventing rear-end collisions, one of the most common types of car accidents. This article delves into how modern braking systems have been developed and refined. Further, it highlights their role in enhancing road safety and reducing the frequency of rear-end collisions. 1. The Traditional Braking Systems To appreciate the advancements in modern braking systems, it’s important to understand traditional braking mechanisms. Older vehicles typically employ hydraulic braking systems. Here, the driver’s application of the brake pedal creates hydraulic pressure in the brake lines, activating the brake pads or shoes. While effective in their time, these systems had limitations in response time and efficiency. Particularly under sudden or emergency braking scenarios, it often leads to rear-end collisions. 2. Introduction Of Anti-Lock Braking Systems (Abs) A significant milestone in the evolution of car braking systems was the introduction of Anti-lock Braking Systems (ABS). ABS prevents the wheels from locking up during emergency braking, thereby maintaining tractive contact with the road surface. This technology significantly reduces stopping distances and improves vehicle control, particularly on slippery surfaces. By preventing wheel lockup, ABS allows drivers to maintain steering control, which is crucial in avoiding rear-end collisions. 3. Electronic Brakeforce Distribution (EBD) And Brake Assist Further advancements led to the development of Electronic Brakeforce Distribution (EBD) and Brake Assist systems. EBD optimally distributes the brake force among the wheels based on road conditions and vehicle load. Thus, it enhances braking effectiveness and stability. Brake Assist, on the other hand, detects emergency braking by monitoring the speed and force with which the driver applies the brakes. It is applied automatically to maximize braking power. This is particularly effective in reducing the severity of rear-end collisions. 4. The Rise Of Adaptive Braking Systems The latest in braking technology is the advent of adaptive braking systems, which are part of the broader suite of Advanced Driver Assistance Systems (ADAS). These systems use sensors to monitor the vehicle’s surroundings and can autonomously apply the brakes while detecting an imminent collision. For example, if the car ahead suddenly slows down, the system will automatically apply the brakes if it senses that the driver has not reacted quickly enough. 5. Regenerative Braking In Electric Vehicles With the rise of electric vehicles (EVs), regenerative braking has become increasingly prevalent. This system recovers energy that is typically lost during braking and uses it to recharge the car's battery. While the primary purpose is to improve efficiency and range, regenerative braking also contributes to safer braking. It provides smoother and more controlled deceleration, which can be crucial in preventing rear-end collisions. 6. Impact Of Braking Systems On Driver Behavior And Safety The evolution of these systems has not only enhanced vehicle safety but also influenced driver behavior. Modern braking systems provide drivers with a sense of security, potentially leading to more confident driving. However, drivers need to understand that while these systems are incredibly effective, they are not infallible. Responsible driving, awareness of road conditions, and understanding the limits of these technologies are essential in maximizing their benefits in preventing rear-end collisions. How Braking Systems Have Evolved All These Years? The remarkable evolution of braking systems in modern vehicles is indeed a testament to the strides made in automotive safety technology. This journey, from basic hydraulic brakes to the advanced adaptive and regenerative braking systems of today, has been driven by a relentless pursuit of safety and efficiency. Each innovation in this domain has played a significant role in mitigating the risks associated with driving, particularly in preventing the common and often dangerous rear-end collisions. These sophisticated systems reflect the automotive industry's deep commitment not only to enhancing vehicle safety but also to improving the overall driving experience for motorists around the world. By incorporating these advanced braking technologies, manufacturers are ensuring that vehicles are not just faster but also more efficient. Additionally, they are safer and more reliable. However, as we embrace these technological advancements, drivers must remember that these systems are designed to augment, not replace, human judgment. They can also never remove the principles of responsible driving. While these systems provide an added layer of safety, the onus still lies with drivers to maintain attentiveness, adhere to traffic rules, and practice safe driving habits. Concluding Words As we look to the future, the horizon of automotive technology is bright, with the promise of further innovations in braking systems. These advancements might continue revolutionizing the way we drive, making roads safer and reducing the incidence of accidents. The focus on developing smarter, more intuitive braking systems will undoubtedly play a central role in this ongoing quest for enhanced road safety. In this context, the future of automotive safety is not just about technological advancements; it is also about fostering a culture of safety among drivers, ensuring that technology and human responsibility work hand in hand to prevent accidents and save lives. Read Also: Pros And Cons Of Buying A Used Car 2018 Tesla Model S: The Complete Electric Vehicle 6 Reasons Why Vehicles Are Now Safer Than Ever

READ MOREDetails
Auto Lockout

7 Auto Lockout Solutions That Can Save Your Day

Many times, people forget their car keys inside and get locked out of their own car. As all the cars now come with a central locking system, it is almost impossible for owners to open their cars when they leave the key inside them. However, there are many things you can do if you get locked out of your car. The best way to open your car is to call an automotive locksmith, but this is not the only way. Let us explore all the ways to unlock your car in case you get locked out. Understanding Auto Lockout: A Brief Overview An auto lockout can happen at any moment. However, it is not a good situation to experience, especially during an emergency. It is a situation when you forget your key inside your car and lock yourself outside. One of the most obvious solutions to this is to get professional assistance. However, there are certain tips you can follow to save time. Moreover, you can also transform this frustrating situation into a manageable one. Thereby, you can save both time and money and reduce stress. Hence, to learn more, read the next sections of the article. Common Causes Of Auto Lockout If you want to prevent an auto lockout from happening, it is essential to learn the common causes that cause it. The following are the most frequent reasons why an auto lockout event happens: Forgetfulness:It is one of the most common causes of auto lockout. For instance, if you have a busy schedule, you might leave your keys behind. Hence, you must develop habits to reduce forgetfulness. Mechanism Failure:It is common for machine parts to be susceptible to wear and tear. Since the car is a machine, it can also face such problems. On the other hand, the lock system might be jammed or outdated. Faulty Key Fobs:Key fobs are important, especially in the age of technology. However, they can face malfunctions. For instance, battery problems or electronic issues might enable key fobs to react faultily. What To Do In Case Of An Auto Lockout? The following are some tips you can follow if you are in a situation of auto lockout: 1. Contact Your Car Company If you have the customer care number of your car company, you can call them to assist you in opening the lock. Even if you don’t have their customer service number, you can search it online on your phone and call them for assistance. They will tell you an alternative procedure to open your car or send a professional to assist you in unlocking it. Some car companies may send a professional to unlock your car as they have people who are experts in using alternative methods to offer solutions to their customers. 2. Look for the Spare Key Sometimes, car owners have a spare key with them that they don’t remember. Think about where you kept the spare keys. If you have one in your pocket, you can use it to open your car. Many people have a spare key at home. If you have a spare key at your home, you can call someone to get it for you if your home is not too far from the location where you get locked out. However, if you are far away from your home, you can call an automotive locksmith to open it for you. 3. Tow the Car to a Safe Place: If you have no option to unlock the car, you can tow the car to your home or a safe place. However, hiring a towing service can be more expensive than hiring a locksmith. Therefore, you should keep this as the last option if nothing else works. 4. Look Where You Have an Open Window Pane Sometimes, people prefer driving with open windowpanes. If a pane on the driving side is open, you can put your arm inside and take out the key to unlock the door. However, if all the windowpanes are closed, you cannot opt for this method. 5. Look for Roadside Assistance Some car insurance companies offer roadside assistance, but many don’t offer it in their policy. You can also search for roadside assistance online on your smartphone. Call one of the companies, and they will send a professional technician to unlock your car or help you to take it to a garage. If your insurance policy offers roadside assistance, you should save its information on your phone so that you can use it in such conditions. 6. Warranty Services Most car companies offer a warranty, and many of the warranties also cover the costs of a lockout. If your car warranty covers the same, you can use it for roadside assistance in case of a lockout. It can be a wise decision to use roadside assistance covered by your car warrant without the need to purchase redundant coverage. 7. Call an Automotive Locksmith The best way to unlock your locked car is to call an automotive locksmith for assistance. However, to use this method, you need to know about the best locksmith service in your area. If you have not left your phone inside the car, you can also search online for the best locksmith service and call it immediately from your phone. For example, Allcoast Locksmiths is a reputed company offering service on the Central Coast and Lake Macquarie, Australia. They have been offering locksmith services in these areas for over 15 years. If you need a locksmith service in any of these areas, this is a company you can rely upon. You can call them in an emergency auto lockout, home, or office lockout for assistance. Auto Lockout: The Best Solution These are some tips you can try during an automotive lockout. Following these ideas can get you out of the situation and make you drive your car again. It is best to know the best locksmith service in your area so that you can call them in such situations. Do you have some more suggestions on how to resolve an auto lockout situation? Please share your ideas and opinions in the comments section below. Read Also: Choosing the Right Anti-Theft Devices For Your Car In Houston TX 5 Tips to Safeguard Your Home From Intruders Should you Replace or Rekey Locks? — What Locksmith Richmond says Expert Advice: 5 Crucial Things to Do Immediately After an Automobile Accident

READ MOREDetails
Pimp Out Your Ride

10 Ways to Pimp Out Your Ride

How to Take Your Vehicle to the Next Level As any car aficionado will tell you, the base model is only the first step to owning a truly pimped-out ride. If you’re currently rolling in a luxury brand like a BMW, Mercedes, or Lexus – that’s a great start – but there are ways you can take your ride to the next level. Consult the following ten tips for ways to elevate your ride, from interior to exterior. Tip #1 – Window Tinting Not only does tinting your windows keep the temperature in your car down, provide valuable privacy, and reduce glare, it also looks insanely cool. Car tinted windows add an air of mystery to any vehicle, and they’re also one of the more affordable customizations that you can make – typically running under $300 for the entire job. Car window tinting in San Diego typically only takes a few hours. Tip #2 – Stereo A great stereo is a must-have for any tricked-out vehicle, and there are so many options these days that it’s easy to find something with all the features you could ever want. When it comes to stereo shopping, make sure to get something that’s got the aesthetic you like and voice features that keep you as hands-free as possible. Many stereos these days have Apple Carplay or Android equivalent so you can have your text messages read to you while you’re driving. Tip #3 – Sound A cool stereo is only as good as the sound system it’s pumping out of. Remember, factory speakers aren’t usually built to last because they’re assembled out of weaker materials, such as cardboard. Invest in a quality system so you can make sure that your car sounds as good as it looks. Tip #4 – Wheels Although the top-of-the-line brands are going to run you a pretty penny, there’s no better investment to pimping out your ride than a brand-new set of wheels (aka rims). The best part about wheel shopping these days is the customization options on the design and finish are nearly infinite. You can really personalize your ride with the right set. Tip #5 - Lighting Don’t let nightfall keep people from noticing your ride. With custom lighting packages that are installed on the body and undercarriage of the car, you can get supremely cool lighting effects in several different colors. They’re the perfect touch for when you slip into dark mode. Tip #6 – Seat Covers/Custom Seating Run-of-the-mill factory seating doesn’t quite cut it if you’re looking to pimp out your ride. Fortunately, there are several options now for custom seating and seat covers so that your interior can reflect your personal style. Look into racing seats if you’re a driver that appreciates speed as much as style. Tip #7 – Spoiler This is the cherry on top of any car that you’re trying to make a little sportier, and it’s not just for looks. A spoiler is going to give your car better traction by improving the airflow around the car, therefore creating more downforce. It’s a cool addition that also has a useful function. Tip #8 – Steering Wheel When it comes to personalized luxury vehicle options that you know you’ll use every drive, then you’ll want to get your hands on a custom steering wheel. You’ll not only have full control over the shape, size, and style of the wheel, you can even pick out the type of fabric that you want. Tip #9 – Paint Job & Exterior Finish Nothing makes a car pop more than a high-quality paint job and finish, especially if you can invest in a non-factory color to distinguish yourself from the thousands of models like yours. And when you’ve landed on a shade of paint that speaks to you, don’t forget to top it off with a protective film to ensure it doesn’t get chipped or damaged. Tip #10 – Camera Systems Pimping out your ride doesn’t stop at how the world sees your car. It also means giving your car the ability to see. Yes, we’re talking about camera systems, which can automatically make a car more fun (and safer) to drive because you’ve got an extra set of eyes looking out for you. These come in handy if you’re not great with parallel parking on the street. Prioritize Then Buy: We’ve covered ten of the most popular options for pimping out your ride, but there are limitless ways to customize your vehicle. What we recommend is prioritizing your top three or four and investing from the top down. This way you know the front-end money of what you’re buying is going towards the mods that are important to your car’s overall look and feel. Read Also: Prepping Your Vehicle For Winter Weather Driving A Comprehensive Guide on How to Charge Your Car Battery

READ MOREDetails