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 to Find the Best Auto Repair Shop for Your Vehicle

Regardless of how careful a driver you are, it’s likely that your vehicle could either deteriorate over time or experience a road accident that has left the body in bad shape, and you’ll have to take your car to an auto repair shop and restore it to its former glory. With hundreds of shops to choose from, it may be difficult to pick one that specializes in the type and brand of your vehicle. Here are a few steps to find the best shop to take care of your car: 1. Know What Needs To Be Done: Before you search for an auto repair shop for your car, you need to set specific goals and expectations. For instance, if you are the owner of a vintage sedan that has seen better days, you might want to consider a full restoration. This will include removing the outdated body or sandblasting it to get rid of any rust or leftover paint. In case your car’s exterior was totaled following a serious collision during a business road trip, then you will need professional help to deal with the problem. You can’t do it alone even if there are DIY solutions for it. Taking the time to determine the type of work your vehicle needs can help you find a repair shop offering services that suit your situation and will help you avoid spending money on things you don’t need. 2. Calculate Your Total Costs: After determining the type and amount of work you require for your vehicle, you will need to calculate the amount of money you will need to spend to cover everything. From the outset, it may be difficult to come up with an accurate estimate. You can always have an auto shop evaluate your car and give you an estimate, but it’s still best to know the average cost yourself. Take the time to do a bit of research on auto repair rates in your state or community. How much do vehicle owners have to pay for repainting, collision repair, frame alignment, or a body filler? Once you know how much you could be spending on a repair or restoration, you can begin asking auto repair shops about their rates for the same service. Make comparisons and never settle for anything that’s suspiciously cheap. Knowing these figures before you even talk to a potential outlet can help you avoid an attempt to give you an unfair price. 3. Consider The Brand And Model Of Your Car: Not all body shops specialize in repairing certain vehicles. If you own a Honda or a Subaru, you might want to seek out body shops approved by these brands, since they may have the right parts in store. You still need to make sure that an auto shop has any experience dealing with vintage models. Some parts may not be available for purchase anymore, so you’d do well to find an auto shop that still sells and knows how to install them. Also if your TCM is having problems, aside from seeing the Check Engine light you might also notice that your transmission isn’t acting the way it ought to. Perhaps it’s not shifting at the right times, then an immediate replacement will be necessary. You can get the replacement from a popular organization like npcautomotive.com. Also if your TCM is having problems, aside from seeing the Check Engine light you might also notice that your transmission isn’t acting the way it ought to. Perhaps it’s not shifting at the right times, then an immediate replacement will be necessary. You can get the replacement from a popular organization like npcautomotive.com. With this in mind, you can check with your auto dealer and get a list of recognized service centers in your area. You can also run an online search to see if there are any repair shops that service specific types of vehicles. 4. Get Recommendations From People You Know: Start by asking friends who have hired mechanics and body shops before, and specify the type of work you require. You can also reach out to family members who may have been in the same situation as you. If they have dealt with vehicle damage before, you can ask them for a list of shops you can visit. Another group you can reach out to is motoring enthusiasts. If you are a member of a racing community, you can gather contact numbers of auto shops that people in the group visit. With this information, you can avoid auto shops with bad reputations and look for ones that might give you the results you need. After all, you wouldn’t want to make the same mistake when seeking out an auto dealership. 5. Consider Your Location: When finding an auto shop that specializes in body repair and restoration, you will need to find one that’s readily accessible and convenient. If you reside in Toronto, consider reaching out to shops like J&E Tokyo Auto Collision Inc who specialize in collision repair and auto detailing. You may be tempted to take your vehicle to the nearest available shop, but convenience shouldn't be the only factor. 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A good trick here is to focus on negative reviews (if there are any) since these will give you a heads up on what to expect. Finding an auto body repair shop shouldn’t take you long, and knowing where to start is the first step towards finding the best shop for you. Read Also: How Professional Mechanics Can Score Deals on Auto Parts 5 Critical Branding Tips to Attract New Clients to Your Auto Parts Shop Michigan Auto Insurance

The Main Reasons Why Cabover Trucks Are Less Common Than Long Hood Rigs

If you’re not familiar with the term cabover trucks, perhaps you will recognize these trucks by their full name, cabin over engine trucks. Or perhaps you don’t know much about them at all. No wonder, seeing how they’ve become far less common after 1976 after some regulatory changes made longer trucks an option. We reached to a reliable truck manufacturer that was around to see these trucks come and go, to tell us more about this truck type, its advantages and disadvantages, and why it is no longer as popular. Why They Were Popular In the 1950s, 1960s, and 1970s, the length regulations for the trucks dictated the maximum length of 65 feet (both truck and trailer). In 1976, as 75 feet became the norm, these trucks were gradually phased out by long hood trucks. Keep in mind that this trend is only present in North America, as Europe largely still uses cabover trucks for several reasons, with maneuverability being one of the most important ones. Elegant car seat pillow to keep you cool even on hot summer days. Maneuverability Due to the shorter axis distance, these trucks are a lot simpler and easier to maneuver. Backing up in narrow loading docks and changing lanes in heavy traffic is a lot simpler. The position of the driver at the very front of the vehicle also facilitates maneuverability as it gives the driver better visibility. As both roads and streets in Europe tend to be smaller and narrower, trucking companies there still prefer this type of truck. In fact, in some European countries which are more flat and open, like the Netherlands, long hood trucks can also be found. Fuel Efficiency Even though most people think that the more aerodynamic shape of the long hood trucks makes them more efficient, the simple truth is that European trucks are smaller and more efficient. In addition, more stringent emissions regulations in the European Union has forced manufacturers to make trucks more fuel-efficient compared to the US and Canada. In this case, it is not the shape of the truck, but the region where they are prevalent that led to the increased fuel efficiency. Lacking Safety Even though there are some clear advantages of having the driver in the very front of the vehicle, there are also some disadvantages. One of the clearest faults of a cabover is that the driver is far more vulnerable in case of an accident – there’s less truck between the driver and the impact. Despite the fact that modern cabovers have numerous protection advancements compared to the older models, they still fall flat compared to the long hood trucks. Lack of Comfort during Long Rides Another big disadvantage of a cabover, especially for the long haul is the less comfortable ride compared to the competitors. The shorter wheelbase is typically cited as the main reason why the ride is not as cushy as in a long hood. However, there is another important reason – in a cabover, your driver’s seat is directly on top of a wheel, making all the bumps much more visceral. There was an attempt by the manufacturers to resolve this problem, but it resulted in more expensive vehicles – just one more reason why they were gradually replaced by the long hoods. Which Are Better, Then? It is really difficult to pick one over the other – different businesses may prefer different trucks, preferring the fuel economy and maneuverability of a cabover or the safety and comfort of a long hood truck. It is always best to choose the truck based on your needs and your business model, which is why both types of trucks still exist and are available for purchase. Read Also: What to Consider When Buying Heavy Duty Truck Alignment Equipment How Crane Trucks Can Drastically Improve Project Efficiency 7 Ways Truck Accidents Differ from the Regular Car Crashes

Car Wont Start After Getting Gas – How To Fix This Problem?

Imagine you are in the middle of a long highway, and your car stops working suddenly. There are no towns in sight for hundreds of miles, so there are no pumps and garages either. However, you still have gas in your tank. Do you know why your car wont start after getting gas? If you wish to prevent such a dreary situation, you must learn the answers to this aforementioned question. Here, I have listed several reasons why this might happen and what you must do to avoid them. Why Car Wont Start After Getting Gas? The primary reasons why your car won't start after getting gas on the engine can vary from person to person. However, for most vehicle owners, these are the most commonly associated reasons: 1. The Battery Is Dead Or Corroded Image Source: repairsmith-prod-wordpress.s3.amazonaws.com If you don't see your car running even after you hit the gas, then the car battery is the most common problem that most people face. There is a high chance that your car battery has got depleted over time or its battery terminals have corroded. As a car driver, you should know that all car batteries have a life of three to five years. There are various ways why your car battery might deplete fast. This includes leaving the headlights on when not driving. To test this, try charging the battery somehow and testing the alternator together at 12v. 2. The Alternator Is Damaged Image Source: themotorguy.com In the previous point, I explained how the battery could be the source of all your troubles. In the end, I explained charging the battery and alternator at 12v. If you see your battery start functioning properly but still won't start your car, then you know whom to blame. For the uninitiated, the alternator is the machine that charges up the battery as the car is running. If it's damaged, your battery will never be fully charged and will discharge pretty quickly. Therefore, always keep a multimeter in hand to check the status of your alternator. Use it to test the alternator in two ways. If the readings are lower than these readings, then change your alternator: When the engine is off: If the multimeter reading is less than 12v, it's faulty. When the engine is on: If the multimeter reading does not increase more than 12v, it's faulty. 3. The Fuel Filter Is Clogged Image Source: themotorguy.com The fuel filter is a car part that is responsible for filtering out contaminants in the fuel reaching the engine. This mainly includes solid particulates like dirt and other debris. However, since the fuel filter traps all the dirt, it can get clogged with particulates over time. You can understand this by gauging the efficacy of your car. If its mileage and performance decrease suddenly over time, then your filter is clogged. Therefore, a good practice is to clear out and clean your fuel filter every 25,000 miles. 4. The Fuel Pump Is Defective Image Source: mechanicbase.com The fuel pump is one of the most important machines that help turn your car. The fuel pump helps in pumping your engine full of fuel from your fuel tank. Therefore, if your car is not starting, it could be that the engine is not getting any fuel due to a damaged fuel pump. Your car's fuel pump can get damaged over time due to the heat of the car engine, which is always situated close to it. If you think your fuel pump is at fault here, then you can start by checking its pressure using a fuel gauge. This is another pretty common reason as to why your car wont start after getting gas. 5. There Are Defects In The Starter Motor/Circuit Image Source: sontianmotor.com The starter motor or circuit is responsible for turning or revving your engine. Therefore, whenever you press the ignition button, the starter turns your engine, which in turn makes your car accelerate. Therefore, if your car is not starting even though it has gas, your starter motor can be at fault here. This can happen because it may have a solenoid. On the other hand, it can be because of a faulty ignition switch as well. If this is the case, then you need to get a mechanic to repair it. Repairing the starter motor can cost up to $360. 6. There Is Not Enough Spark Image Source: speednik.com If you have a petrol engine, then your car will definitely have spark plugs inside. These plugs are responsible for igniting the oil in the engine, which then helps it run. If you notice your engine misfiring a lot when starting up, then your spark plugs are to blame. Getting them changed based on the recommendations of the car manual. How To Fix This Issue? If your car struggles to start after putting gas in, then there is an issue with the parts explained above. Therefore, to fix this issue and get your car and yourself back on track, there is a pretty simple fix. This is what you need to do, in a step-by-step fashion, as described below: 1. First, try starting the car engine and again until it starts working. 2. Next, you can try opening the car hood and checking all the wires attached to the car battery. If you see any of the fires disconnected, try connecting them (only if you know how to). Apart from doing these two actions, there is nothing much that you can do. If you see your car remain still after performing these two actions, then you need to contact the nearest garage or mechanic around you. If you are stranded in the middle of a road or on a highway, then you should keep the numbers of various garages and mechanics handy. A call to a mechanic or garage will solve your problem quickly if you can't tow it to the closest one. Frequently Asked Questions (FAQs): People ask lots of questions regarding why their car wont start after getting gas. Here are my answers to their questions: Q1. Why Does My Car Sputtering After Getting Gas? Ans: There can be two reasons why your car sputters after getting gas on it. The two reasons are:Your EVAP control valve is damaged.You are using the incorrect fuel for your engine or a low-quality one. Q2. Can Bad Gas Make My Car Not Start? Ans: Bad gas refers to the residual fuel in your engine that has not burnt completely. Over time, this gas can get stuck to the motor and the fuel pump. If this happens, then your car will not function properly. Conclusion There are many reasons why your car wont start after getting gas. These reasons include damaged batteries, starters, fuel pumps, spark plugs, and fuel filters. The only solution to this problem is to have any broken parts fixed. Therefore, to keep it working at its best, have your automobile checked out and serviced on a regular basis. 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Important Terminology In Filing For A Car Accident Claim