On the subject of car accidents and the legal proceedings that are to follow claims following them, the process can be tedious. Or for many, confusing, mainly because of the lack or absence of knowledge regarding the statues of the law that revolve around such tragedies. We decided to talk to legal advisors such as those from the practice of Scott C. Gottlieb, Injury Law Attorney about the matter, and drafted a short list of traffic collision terminology. Understanding these terms and phrases can serve as a way to prepare you for what to expect. Especially when you begin to speak with your lawyers, and draft a car accident claim.
Car Accident Glossary:Actual Cash Value
There is no denying that the purpose of most claims, if not all claims, is to be monetarily compensated as a result of the damages caused by the car crash. An “actual cash value” refers to what your vehicle’s, or that of the other drivers’, estimated price would have been, prior to the accident. This includes the number of years it has been in use since its purchase, number of repairs, parts that have been replaced, etc. “Market value” is a phrase frequently used interchangeably with it.
Burden of Proof
You, being the plaintiff or the person who has submitted the claim, will be called upon to submit “burden of proof”. This is the collective term which describes pieces of evidence related to the accident. Evidence that points to why you should receive the value of your claim, and why the defendant is to take responsibility for it. It is among the major reasons why you should work with an attorney on your traffic collision case. They will have the expertise and knowledge about how to conduct proper investigations in order to align any and all shreds of evidence with your claim.
First Party Insurance Benefits
This type of insurance benefit is that which you will receive from your own insurer. You, the insurance policyholder, is, as stated by your contract when you signed up with your insurer, to receive “accident benefits”. This can cover a variety of needs from hospitalization, rehabilitation, emotion distress, loss of income, and the like. All of which will vary per case, and per insurance policy.
Indemnity
Indemnity is an isurance practice refering to how an insurer can only be compensated for that which is equal to where his or her life and activities were at, before the accident took place. What this entails is how you, the insured, will receive neither less noror more than what your actual financial standing dictates. But will be exactly equal to what that value was prior to the traffic collision.
Mitigation and Unreasonable Accumulation
Mitigation, similar to its common definition which is to “lessen the severity of a particular action”, applies within the law as well. The court will see to it that damages, and therefore, the responsibility of the defendant be mitigated if it is found that the plaintiff practiced unreasonable accumulation of injuries and/or damages. The plaintiff should not, in any case, wilfully cause further injury and/or damage to himself or herself, and to property. For instance, not seeking immediate medical attention or not calling local law enforcement may be viewed as worsening your condition in order to seek a higher value for your claim.
UIM
An uninsured or underinsured motorist coverage is put forward when the liable driver does not have an insurance policy, or that his or her policy is not enough to compensate for damages. Your insurance policy will utilize UIM as coverage. It will act as an alternative so that you will still be lawfully compensated.