When you are involved in a car accident, the moments that follow can feel chaotic. You might be shaken up, dealing with shock, and trying to figure out what to do next. On top of this, you may hear legal and insurance words that you don’t fully understand. Knowing a few key car accident terms can make a significant difference in how you handle the situation and protect your rights. This knowledge can give you confidence when speaking with an insurance company or another individual who has been injured.
Having a basic understanding of these concepts can help you navigate the process of obtaining coverage for your medical expenses and filing an insurance claim. The team at THE702FIRM Injury Attorneys understands how confusing this process can be. Our goal is to simplify these terms so you feel prepared and empowered.
Know Your Legal Rights After a Car Accident with Help from THE702FIRM Injury Attorneys
The legal journey that begins with a car accident case can be complex and challenging. You might be facing unforeseen car accident injuries and feel lost about what to do next. When you’re ready to seek assistance, having a trusted advocate on your side is critical. THE702FIRM Injury Attorneys is a law firm dedicated to helping people in your position. Our work involves dealing with complex legal terms and insurance policies every day, so you don’t have to.
For instance, we can explain the nuances of underinsured motorist coverage, which protects you when the other driver’s insurance is insufficient to cover your damages. This is a common and important detail of an insurance policy that many people are not aware of. Our job is to help you understand your options and your rights under the law.
Our car accident lawyers also handle the conversations with the insurance adjuster, so you don’t have to. You may have a claim with your own insurance company or the other party’s, and we can manage all the necessary communications to help you focus on your recovery.
The Basic Terms Every Driver Should Understand When Involved in a Car Crash
A car crash or car accident is a common event, but the legal and insurance terms involved can be confusing. One of the first things to figure out is who is at fault. This means who is legally responsible for causing the accident. This is determined by looking at the actions of one driver or all the parties involved.
Often, a police report is a key piece of evidence in determining fault. This report, along with witness statements, helps to create a clear picture of what happened. Understanding how the accident occurred is the first step in determining who is responsible.
A driver might be found at fault if their actions, or a wrongful act, caused the accident. For example, if a driver runs a red light, they are typically held responsible for the resulting collision. The concept of legal responsibility is central to any car accident case and will determine who pays for the damages.
Damages and Compensation in a Personal Injury Case
When you’ve been hurt, you want to be able to recover damages from the responsible party. The injured party has the right to seek compensation for their losses. These losses can include medical expenses, which cover everything from a hospital visit to physical therapy. It can also include lost wages, which are the money you couldn’t earn because you were too hurt to work.
Beyond these financial losses, you may also be entitled to compensation for pain and suffering. This term covers the physical suffering, pain, and emotional distress you have gone through. When all these types of damages are combined, it forms the basis of a personal injury claim.
If a fair settlement cannot be reached with the insurance company, you might need to file a personal injury lawsuit. The purpose of these actions is to restore the injured person to a financially whole state after the accident. For some injuries, such as a traumatic brain injury, you may also need to consider the costs of future medical care as part of your settlement.
Medical and Injury Terms Following a Car Accident
The car accident injuries you sustain are at the center of your claim. The physical harm you experience, like broken bones or neck injuries, is what a doctor will address. These are considered physical injuries. A more subtle, but equally profound, injury might be an internal injury.
You should always seek medical attention and follow the advice of your healthcare provider. Sometimes, the emotional and mental effects of an accident are just as severe. For example, post-traumatic stress disorder and emotional distress are considered psychological injuries. When you are involved in a car accident, you might not feel these effects right away, but they can surface later.
Your attorney can help you include these issues as part of your claim for pain and suffering. A doctor will document your injuries resulting from the accident, which becomes a key part of the legal record. These serious injuries can have long-term effects, so it is essential to be thorough with all your medical treatment.
Insurance Terms You Need to Know
Having a basic understanding of insurance terms is necessary to understand your policy better and ensure you’re fairly compensated after an accident. Here are some concepts to help you comprehend your insurance coverage and protect your interests.
- Automobile Liability Insurance: Often a mandatory requirement, this coverage pays for the bodily injury and property damage you cause to others in an at-fault accident. It’s designed to protect the other party, not you or your vehicle.
- Collision and Property Damage Coverage: Collision insurance specifically covers the cost of repairing your own car after an accident, regardless of who was at fault. In contrast, property damage liability covers the cost to repair the other party’s vehicle or property you damaged.
- Uninsured/Underinsured Motorist Coverage: This coverage is your safety net. It kicks in when the at-fault driver either has no insurance (uninsured) or doesn’t have enough to cover your damages (underinsured), ensuring you’re not left with a massive bill.
- Personal Injury Protection (PIP): This no-fault coverage pays for medical expenses, lost wages, and other related costs for you and your passengers after an accident, regardless of who caused it.
- Insurance Adjuster: This is the person from the insurance company who investigates your accident claim. They’ll assess the damage and determine the fair market value of your vehicle to decide how much the insurer will pay out for your claim.
Financial and Property Damage Terms
Beyond injuries, a car accident also involves property damage. The cost of repairing or replacing your vehicle is a key component of your claim. Your insurance policy will cover this, but you need to understand how the value of your vehicle is determined. The actual cash value or actual cash value of your car is what it was worth right before the accident. This is not the price you paid for it years ago, but it’s fair market value today. The fair market value is the price a similar vehicle would sell for in the current market in the area where the accident occurred.
It is an important distinction to make when dealing with an insurance adjuster who may try to offer you a lower number. The insurance company’s offer should be for the market value of the vehicle and not a depreciated amount. Understanding this can help you get a fair settlement for your car.
Comparative Negligence and Contributory Negligence
Not every accident is black and white. Sometimes, both drivers share fault. In states that follow comparative negligence, each driver is assigned a percentage of blame. For example, if you were 20% responsible because you were slightly over the speed limit, your damages may be reduced by 20%.
For Nevada, the state follows a modified comparative negligence rule, also called the “51% rule.” This means you can still recover compensation as long as you are not more than 50% at fault for the accident. However, your recovery will be reduced by the percentage of fault attributed to you. For instance, if you are awarded $100,000 in damages but are found to be 30% at fault, you would receive $70,000. If you are 51% or more at fault, you cannot recover anything. This rule makes it crucial to present substantial evidence that the other driver bears the majority of the blame.
In other states, contributory negligence rules apply. This means if you were even slightly responsible, you might not be able to recover damages at all. This can be devastating for an injured person facing medical bills and lost wages.
Because of these rules, it’s important to gather further evidence to show that the other driver caused the accident. Lawyers use this evidence to meet the burden of proof and hold the other party legally responsible.
Our firm investigates every case carefully to make sure that the blame is placed where it belongs and our clients are not unfairly denied compensation.
Secure a Fair Settlement with the Help of an Experienced Car Accident Lawyer
Understanding car accident terms is a decisive step in taking control of your life after a crash. From the moment you get the police report to settling your claim, knowing these terms can empower you and remove the feeling of being at the mercy of an insurance company.
Plus, having a strong legal partner on your side can make all the difference. The team at THE702FIRM Injury Attorneys works every day to help people navigate these difficult situations. We are proud to have helped our clients achieve numerous successful outcomes, including a $3 million settlement in a car accident case.
If you have been involved in a car crash, contact us for a free consultation. We can help you with the personal injury claims process while you focus on recovery. We’re here to help you get the justice you deserve.
