Glossary

Car accident and injury claim glossary

142 terms adjusters, lawyers and courts use, explained in plain English.

By Serdar Arslan, editor · Last reviewed November 3, 2026 · How we research

A

Accident reconstruction: Accident reconstruction is the process of working out how a crash happened using physical evidence and science. A reconstructionist may study skid marks, vehicle crush damage, debris location, road design, photos, video, and event data recorder downloads to estimate speeds, angles, and timing. Insurers and attorneys usually hire reconstruction experts when fault is disputed or injuries are serious. Their findings are often presented in a written report and, if the case goes to trial, through expert testimony. Evidence fades quickly, so early photos and preserved vehicles make reconstruction more reliable.See also: Expert witness, Event data recorder, Crash report
Actual cash value: Actual cash value (ACV) is what your vehicle or property was worth right before the crash, taking age, mileage, condition, and depreciation into account. Insurers commonly use ACV to decide how much to pay when a car is declared a total loss. It is usually lower than the cost of buying a brand-new replacement. Insurers often rely on valuation reports built from comparable local sales. If you think the number is too low, you can generally ask how it was calculated and provide your own comparable listings, maintenance records, or recent upgrades.See also: Total loss, Collision coverage, Deductible, Diminished value
Adjuster: An adjuster, sometimes called a claims adjuster, is the person who investigates and evaluates an insurance claim for an insurance company. Adjusters review police reports, photos, repair estimates, medical bills, and statements, then recommend how much the insurer should pay. A staff adjuster works for the insurer, while an independent adjuster is hired by the insurer on contract. When you deal with the other driver's insurer, keep in mind the adjuster works for that company, not for you. Keeping notes of every call and confirming key points in writing is a good habit.See also: Claim number, Recorded statement, First-party claim, Third-party claim
Affidavit: An affidavit is a written statement of facts that the person signing it swears or affirms is true, usually in front of a notary public or another official allowed to administer oaths. In accident cases, affidavits may be used to record what a witness saw, to verify medical bills, or to support a motion in court. Because it is made under oath, a knowingly false affidavit can carry penalties. Some states allow an unsworn declaration signed under penalty of perjury to be used in place of a notarized affidavit for certain purposes.See also: Deposition, Witness statement, Evidence
Answer: An answer is the formal written response a defendant files after being served with a lawsuit. In it, the defendant admits or denies each allegation in the complaint and may raise defenses, such as comparative negligence or an expired statute of limitations. In a car accident case, the defendant's insurance company typically hires a lawyer to prepare and file the answer. Courts set a deadline for filing it, which varies by state and by court. If no answer is filed in time, the plaintiff may be able to ask for a default judgment.See also: Complaint, Summons, Default judgment, Defendant
Appeal: An appeal is a request to a higher court to review a lower court's decision for legal errors. An appeal is generally not a new trial; the appellate court usually reviews the existing record rather than hearing new witnesses. Common issues on appeal include whether evidence was wrongly admitted or excluded and whether the jury received correct instructions. Deadlines to file a notice of appeal are short and strict, often measured in days rather than months, and they differ by state and court. Appeals can add significant time and cost to a case.See also: Judgment, Verdict, Trial
Appraisal clause: An appraisal clause is a provision found in many auto insurance policies that offers a way to resolve disagreements about the amount of a property damage loss, such as a vehicle's value or repair cost. Typically, you and the insurer each hire an appraiser, and the two appraisers choose an umpire to settle any remaining difference. Each side usually pays its own appraiser and splits the umpire's fee. Appraisal generally addresses only the dollar amount of the loss, not whether the policy covers it. Read your own policy to see whether it contains this clause and how it works.See also: Actual cash value, Collision coverage, Total loss
Arbitration: Arbitration is a private way to resolve a dispute outside of court. A neutral arbitrator, or a panel of arbitrators, hears both sides and issues a decision. Binding arbitration usually means the decision is final with very limited rights to appeal, while non-binding arbitration gives the parties an option to reject the result. Some auto policies require arbitration for uninsured or underinsured motorist disputes, and some states use court-annexed arbitration for smaller injury cases. It is often faster and less formal than a trial, but rules vary by policy and by state.See also: Mediation, Settlement, Uninsured motorist coverage
Assumption of risk: Assumption of risk is a defense claiming that an injured person knowingly and voluntarily accepted a known danger, so the other party should not be fully responsible. In vehicle cases it might be raised if a passenger rode with a driver they knew was intoxicated. Many states have folded this defense into their comparative fault systems, so it reduces damages rather than barring them completely, while other states still treat certain forms of it as a complete bar. How it applies depends heavily on state law and the specific facts.See also: Comparative negligence, Contributory negligence, Negligence
At-fault state: An at-fault state, sometimes called a tort state, is one where the driver who caused a crash, through that driver's liability insurance, is generally responsible for paying the other people's injuries and property damage. Most US states follow this system. If you are hurt in an at-fault state, you can usually file a third-party claim with the at-fault driver's insurer, file a claim under your own coverage, or file a lawsuit. Comparing this with no-fault states helps you understand which insurer pays first. Check your state's rules, since some details differ from place to place.See also: No-fault insurance, Liability insurance, Third-party claim, Tort
Attorney-client privilege: Attorney-client privilege is a legal protection that generally keeps confidential communications between you and your lawyer, made to get legal advice, from being disclosed to the other side. It encourages open and honest conversations with your attorney. The privilege can be lost if you share those communications with outside people, such as posting about them online or forwarding emails to friends. It usually does not protect the underlying facts of the accident themselves, only the private communications about them. Exceptions and details vary by state.See also: Contingency fee, Discovery, Pro se

B

Bad faith: Bad faith refers to an insurance company's unreasonable failure to honor its obligations under a policy or under state law. Examples can include denying a valid claim without a reasonable basis, delaying payment without explanation, or failing to investigate properly. Many states have unfair claims settlement practices laws that set standards for how insurers must handle claims, and some allow lawsuits for bad faith. A low offer alone is not automatically bad faith. Your state insurance department usually accepts consumer complaints about claim handling.See also: First-party claim, Policy limits, Time-limited demand
Bodily injury liability coverage: Bodily injury liability coverage is the part of an auto policy that pays for injuries the policyholder causes to other people, such as their medical bills, lost wages, and pain and suffering, up to the policy limits. It also generally pays for the insured driver's legal defense if they are sued. It does not pay for the policyholder's own injuries. Nearly every state requires drivers to carry a minimum amount, often written as two numbers such as per-person and per-accident limits. Minimum required amounts differ widely from state to state.See also: Liability insurance, Policy limits, Minimum liability insurance, Property damage liability coverage
Burden of proof: The burden of proof is the duty to prove the facts of a claim. In a personal injury case, the plaintiff, the person bringing the claim, usually carries the burden of showing that the other party was negligent and that the negligence caused the injuries and losses claimed. In most civil cases the standard is a preponderance of the evidence, meaning more likely true than not. A defendant raising a defense, such as comparative fault, may carry the burden on that issue. This is a lower standard than the criminal standard of beyond a reasonable doubt.See also: Preponderance of the evidence, Plaintiff, Negligence

C

Causation: Causation is the link between someone's careless conduct and your injuries. To win a negligence claim, you generally must show both that the crash would not have happened without the other party's conduct and that your injuries resulted from that crash. Insurers often dispute causation by pointing to gaps in treatment, earlier injuries, or later events. Prompt medical care, consistent records, and clear explanations from treating providers help document causation. Medical causation questions are frequently addressed by doctors or other expert witnesses.See also: Proximate cause, Negligence, Pre-existing condition, Independent medical examination
Chain of custody: Chain of custody is the documented record of who handled a piece of physical or digital evidence, when, and what was done with it. It helps show that evidence such as a vehicle part, a dashcam memory card, or an event data recorder download was not altered or swapped. In accident claims, breaks in the chain can make evidence less persuasive or open it to challenge. If you keep evidence yourself, store it safely, avoid altering it, and write down when and how you collected it and anyone you gave it to.See also: Evidence, Spoliation of evidence, Event data recorder
Claim number: A claim number is the reference code an insurance company assigns when you report a loss. It is the main way the insurer tracks your file, so include it in every letter, email, and phone call. You may receive separate claim numbers for property damage and injury, or for each person involved. If you are dealing with more than one insurer, for example your own and the other driver's, each will issue its own number. Keep all claim numbers, adjuster names, and contact details together in one log so nothing gets mixed up.See also: Adjuster, First-party claim, Third-party claim, Notice of claim
Claimant: A claimant is a person who makes a claim for payment, usually to an insurance company. After a crash, you are a claimant when you ask an insurer to pay for your vehicle damage, medical bills, or other losses. You can be a claimant against your own insurer under your own coverage or against another driver's insurer. Being a claimant is different from being a plaintiff: a plaintiff has filed a lawsuit in court, while a claimant may resolve everything through the insurance process without ever going to court.See also: Plaintiff, Third-party claim, First-party claim
Collateral source rule: The collateral source rule is a legal principle that, in its traditional form, prevents a defendant from reducing what it owes because the injured person's losses were covered by another source, such as health insurance or disability benefits. The idea is that the at-fault party should not benefit from coverage the injured person arranged. Many states have changed or limited this rule by statute, for example by allowing evidence of amounts actually paid rather than amounts billed. How the rule works in your case depends on state law.See also: Economic damages, Lien, Subrogation
Collision coverage: Collision coverage is optional auto insurance that pays to repair or replace your own vehicle after it hits another vehicle or object, or rolls over, regardless of who was at fault, minus your deductible. Lenders and leasing companies usually require it on financed or leased cars. If another driver caused the crash, you can often use collision coverage to get repairs moving faster, and your insurer may later seek repayment from the at-fault driver's insurer through subrogation. Payment is generally capped at the vehicle's actual cash value.See also: Comprehensive coverage, Deductible, Actual cash value, Subrogation
Comparative negligence: Comparative negligence is a rule that divides responsibility for a crash by percentage and reduces an injured person's compensation by their share of fault. For example, if your damages are $10,000 and you are found 20 percent at fault, you may recover $8,000. States use different versions: pure comparative negligence allows recovery at any fault level, while modified versions bar recovery once your fault reaches 50 or 51 percent. Most states use some form of comparative negligence. Check your state's statute or ask a licensed attorney about how it applies.See also: Pure comparative negligence, Modified comparative negligence, Contributory negligence, Negligence
Complaint: A complaint is the document that starts a lawsuit. It names the parties, describes the facts of the accident, states the legal claims, such as negligence, and asks the court for relief, usually money damages. Filing the complaint with the court before the deadline is generally what stops the statute of limitations from running, although some states have additional service requirements. After filing, the complaint and a summons are served on each defendant. Courts have their own formatting and filing rules, and many publish self-help guides online.See also: Summons, Answer, Plaintiff, Statute of limitations
Comprehensive coverage: Comprehensive coverage is optional auto insurance that pays for damage to your vehicle from causes other than a collision, such as theft, vandalism, fire, falling objects, hail, flooding, or hitting an animal. It is subject to a deductible and is usually required by lenders on financed vehicles. It generally does not cover damage from crashing into another car or object, which falls under collision coverage. Whether certain events, like a hit-and-run or broken glass, fall under comprehensive or collision depends on your policy wording.See also: Collision coverage, Deductible, Hit-and-run
Contingency fee: A contingency fee is an arrangement where a lawyer is paid a percentage of the money recovered for you rather than an hourly rate. If there is no recovery, you generally owe no attorney fee, although you may still be responsible for case costs depending on the agreement. Percentages vary and may increase if the case goes to trial. Many states require contingency fee agreements to be in writing, and some cap the percentage for certain cases. Read the agreement carefully, including how costs are handled, before signing.See also: Attorney-client privilege, Settlement, Lien
Contributory negligence: Contributory negligence is a strict rule that can bar an injured person from recovering any compensation if they were even slightly at fault for the accident. Only a few jurisdictions still follow it: Alabama, Maryland, North Carolina, Virginia, and the District of Columbia. Courts in these places sometimes apply exceptions, such as the last clear chance doctrine, and some have special rules for certain groups like bicyclists or pedestrians. Since even a small share of fault can end a claim there, people injured in these jurisdictions should check the current law or ask a licensed attorney.See also: Comparative negligence, Last clear chance, Negligence
Crash report: A crash report, often called a police report or accident report, is the official record prepared by a law enforcement officer who responds to a crash. It usually lists the drivers, vehicles, insurers, witnesses, location, road conditions, a diagram, and sometimes the officer's opinion about contributing factors or citations. Insurers rely on it heavily. You can usually request a copy from the agency that responded, and some states offer statewide online portals. Statements in police reports may have limits on whether they can be used in court, depending on state law.See also: Police report request, Witness statement, Evidence

D

Damages: Damages are the money a person can seek to make up for losses caused by someone else's wrongful conduct. In vehicle accident cases, damages generally fall into economic damages, like medical bills, lost wages, and vehicle repairs, and non-economic damages, like pain and suffering. Punitive damages, meant to punish especially harmful conduct, are available only in limited situations. Some states cap certain types of damages. To recover damages, you generally need to prove the losses with records such as bills, receipts, pay stubs, and medical documentation.See also: Economic damages, Non-economic damages, Punitive damages, Mitigation of damages
Dashcam footage: Dashcam footage is video recorded by a camera mounted in a vehicle. It can show traffic signals, lane positions, speed, and the moments before impact, making it valuable evidence in disputes about fault. Many dashcams record in a loop and overwrite older clips, so save and back up the relevant footage right away without editing it. Keep the original file and note when you copied it. Laws on recording audio inside a vehicle and on where a camera can be mounted on the windshield vary by state.See also: Evidence, Chain of custody, Spoliation of evidence
Declarations page: The declarations page, often called the dec page, is the summary page of an auto insurance policy. It lists the named insureds, covered vehicles, policy period, types of coverage purchased, coverage limits, deductibles, and premium. After a crash, the declarations page is the quickest way to see what coverage you have, such as uninsured motorist coverage, medical payments coverage, or rental reimbursement. You can usually get a copy from your insurer's website or app or by asking your agent. The full policy wording controls the details.See also: Policy limits, Deductible, Bodily injury liability coverage
Deductible: A deductible is the amount you pay out of pocket on a claim before your own insurance pays the rest. For example, with a $500 collision deductible and $3,000 in repairs, your insurer would generally pay $2,500. Deductibles typically apply to collision and comprehensive coverage and sometimes to other coverages, depending on the state and policy. If another driver was at fault and your insurer recovers money from that driver's insurer through subrogation, you may be reimbursed for some or all of your deductible.See also: Collision coverage, Comprehensive coverage, Subrogation
Default judgment: A default judgment is a court ruling in favor of one party because the other party failed to respond to a lawsuit or appear as required. In an accident case, if a defendant is properly served and does not file an answer by the deadline, the plaintiff can ask the court to enter a default. The court may still require proof of damages before awarding a specific amount. Courts can sometimes set aside a default judgment for good reasons, such as improper service. Procedures and deadlines differ by state.See also: Answer, Summons, Judgment
Defendant: A defendant is the person or organization being sued in a lawsuit. In a car accident case, defendants can include the at-fault driver, the vehicle owner, an employer whose employee was driving for work, a government agency responsible for a dangerous road, or a manufacturer of a defective part. Even when a driver is the named defendant, their liability insurer usually provides and pays for the defense lawyer and any settlement up to the policy limits. Suing a government defendant often involves special notice rules and shorter deadlines.See also: Plaintiff, Complaint, Answer
Demand letter: A demand letter is a written request to an insurer or other party asking for payment of a specific amount to settle a claim. A typical injury or property damage demand letter summarizes the facts, explains why the other party is responsible, lists the damages with supporting documents, and states the amount requested. It often opens formal settlement negotiations. Keep the tone factual and organized, attach copies rather than originals, and keep a copy for yourself. Some demands include a response deadline, which may have special legal effects in certain states.See also: Settlement, Time-limited demand, Economic damages, Adjuster
Deposition: A deposition is out-of-court testimony given under oath during the discovery phase of a lawsuit. Lawyers ask questions while a court reporter records everything, and sometimes the session is also videotaped. In accident cases, the drivers, witnesses, treating doctors, and experts are commonly deposed. Deposition testimony can be used later at trial, including to point out inconsistencies. Witnesses are generally prepared by their own lawyer beforehand. Rules on length, number of depositions, and procedure depend on the court.See also: Discovery, Interrogatories, Subpoena, Affidavit
Diminished value: Diminished value is the loss in a vehicle's market value after it has been in an accident and repaired, because buyers often pay less for a car with an accident history. Some claimants seek diminished value from the at-fault driver's insurer as part of a third-party property damage claim. Whether you can recover it, and how it is calculated, depends on state law and, for claims under your own policy, on the policy wording. Supporting documents can include an independent appraisal and a vehicle history report.See also: Actual cash value, Third-party claim, Collision coverage
Discovery: Discovery is the pre-trial phase of a lawsuit in which each side gathers information and evidence from the other. Common tools include written questions called interrogatories, requests for documents, requests for admission, and depositions. In accident cases, discovery may cover medical records, phone records, vehicle data, employment records, and photos. Each side generally must answer truthfully and completely within set deadlines. Discovery can take months, and courts can impose penalties when a party fails to cooperate.See also: Deposition, Interrogatories, Request for production, Subpoena
Discovery rule: The discovery rule is a legal principle that, in some situations, delays the start of a statute of limitations until the injured person discovered, or reasonably should have discovered, the injury and its cause. It is applied more often in cases like medical malpractice or toxic exposure than in typical car crashes, where the injury is usually known right away. Whether and how the discovery rule applies varies a great deal by state and claim type. Do not rely on it without checking the statute or asking a licensed attorney.See also: Statute of limitations, Tolling
Dram shop law: A dram shop law makes a business that sells alcohol, such as a bar or restaurant, potentially responsible for harm caused by a customer it served illegally, typically someone visibly intoxicated or underage. In drunk driving crashes, this may allow injured people to bring a claim against the establishment in addition to the driver. Some states also have social host laws covering people who serve alcohol at private gatherings. These laws differ widely by state, and some states limit or do not recognize such claims at all.See also: Defendant, Liability, Negligence
Duty of care: Duty of care is the legal obligation to act with reasonable care to avoid harming others. All drivers owe a duty of care to other motorists, passengers, pedestrians, and cyclists, which includes obeying traffic laws, paying attention, and adjusting to road conditions. Commercial carriers and professional drivers may be subject to additional safety rules. Duty of care is the first element of a negligence claim; the injured person must also show the duty was breached, that the breach caused the harm, and that real damages resulted.See also: Negligence, Negligence per se, Proximate cause

E

Economic damages: Economic damages are losses that can be measured in dollars with records. In a vehicle accident claim they commonly include medical bills, prescription costs, physical therapy, future medical care, lost wages, lost earning capacity, vehicle repair or replacement, rental car costs, and other out-of-pocket expenses. Keeping receipts, bills, pay stubs, and a running expense log makes economic damages easier to prove. They are sometimes called special damages. Caps on damages, where they exist, more often apply to non-economic damages, but state rules vary.See also: Non-economic damages, Lost wages, Future medical expenses, Special damages
Emotional distress: Emotional distress refers to mental and emotional harm such as anxiety, fear of driving, sleep problems, depression, or post-traumatic stress after a crash. It is often included as part of non-economic damages in an injury claim. Documentation from a counselor, psychologist, or physician can help show the effects. Some states have specific rules for claims of emotional distress without physical injury, including for people who witnessed a close family member being hurt. Requirements for these claims vary a lot from state to state.See also: Non-economic damages, Pain and suffering
Event data recorder: An event data recorder (EDR), often called a black box, is a device in most modern passenger vehicles that captures a short snapshot of data around a crash, such as speed, braking, throttle, and seat belt use. Federal rules set requirements for what data must be recorded when vehicles are equipped with these devices. Commercial trucks may have separate engine control modules and electronic logging devices. Ownership and access to EDR data is addressed by federal law and some state laws. Data can be lost if a vehicle is repaired or scrapped, so prompt preservation matters.See also: Accident reconstruction, Chain of custody, Spoliation of evidence
Evidence: Evidence is any information used to prove or disprove facts in a claim or lawsuit. After a crash, useful evidence includes photos of vehicles and the scene, the crash report, witness names and statements, dashcam or surveillance video, medical records, repair estimates, and receipts. Some evidence disappears quickly, for example when skid marks fade or a business overwrites camera footage. Photos taken that day and notes written the same week are usually worth more than anything you try to piece together a year later.See also: Chain of custody, Spoliation of evidence, Crash report, Dashcam footage
Exclusion: An exclusion is a provision in an insurance policy that removes coverage for certain situations, people, vehicles, or types of loss. Common auto policy exclusions involve using a personal vehicle for delivery or rideshare work without proper coverage, intentional damage, racing, or drivers specifically excluded by name. Insurers sometimes rely on an exclusion to deny a claim. State laws may limit which exclusions are allowed, especially for minimum liability coverage. If a claim is denied based on an exclusion, ask for the exact policy language in writing.See also: Declarations page, Permissive user, Reservation of rights letter
Expert witness: An expert witness is a person with specialized knowledge, training, or experience who gives opinions to help a judge or jury understand technical issues. In vehicle accident cases, experts may include accident reconstructionists, physicians, biomechanical engineers, economists who calculate future lost earnings, and life care planners. Courts apply rules to decide whether an expert's methods are reliable enough to be heard. Experts are expensive, and their fees are often one of the biggest costs in a lawsuit.See also: Accident reconstruction, Deposition, Independent medical examination

F

Federal Motor Carrier Safety Regulations: The Federal Motor Carrier Safety Regulations (FMCSRs) are federal rules, found mainly in Title 49 of the Code of Federal Regulations, Parts 350 to 399, that govern commercial trucks and buses in interstate commerce. They cover driver qualifications, hours of service, vehicle inspection and maintenance, drug and alcohol testing, and recordkeeping. They are enforced by the Federal Motor Carrier Safety Administration (FMCSA). In truck crash claims, records kept under these rules, such as logbooks and maintenance files, can be important evidence.See also: Hours of service, Vicarious liability, Negligence per se
Financial responsibility law: A financial responsibility law requires drivers to show they can pay for damage or injuries they cause, usually by carrying at least the state's minimum liability insurance. A few states allow alternatives such as a bond or cash deposit. Drivers may be required to show proof of financial responsibility after a crash, a traffic stop, or certain violations. Penalties for driving without proof can include fines and license or registration suspension. Requirements, accepted forms of proof, and penalties are set by each state.See also: Minimum liability insurance, SR-22, Uninsured motorist coverage
First-party claim: A first-party claim is a claim you make to your own insurance company under your own policy. Examples include collision claims for your car, personal injury protection or medical payments claims for your medical bills, and uninsured or underinsured motorist claims. Because you are the insurer's customer, the policy usually requires you to cooperate, which may include giving a statement or attending an examination. Insurers also owe policyholders duties of good faith in handling these claims under state law.See also: Third-party claim, Personal injury protection, Collision coverage, Uninsured motorist coverage
Future medical expenses: Future medical expenses are the costs of treatment you are reasonably expected to need after a claim is resolved, such as surgery, therapy, medication, or assistive devices. Because a settlement or verdict is usually final, it generally must account for these future costs. They are often supported by a treating doctor's opinion and, in serious cases, a life care plan prepared by a specialist. Settling before you reach maximum medical improvement can make it harder to estimate these expenses accurately.See also: Economic damages, Maximum medical improvement, Expert witness

G

Gap insurance: Gap insurance is optional coverage that pays the difference between what you still owe on a car loan or lease and the vehicle's actual cash value if the car is totaled or stolen. Because new cars can lose value quickly, a standard insurance payout may be less than the loan balance. Without gap coverage, you may have to keep paying the lender for a car you no longer have. It is sold by insurers, dealers, and lenders, and the terms, including what deductibles or fees it covers, vary.See also: Actual cash value, Total loss
General damages: General damages is a term used in many courts for losses that naturally result from an injury but do not have an exact price tag, such as pain, suffering, emotional distress, and loss of enjoyment of life. The term largely overlaps with non-economic damages. Because there is no receipt for these losses, they are often supported with medical records, testimony from the injured person and family, and journals describing daily limitations. Some states limit the amount of general damages available in certain types of cases.See also: Non-economic damages, Special damages, Pain and suffering
Gross negligence: Gross negligence is conduct that goes well beyond ordinary carelessness and shows an extreme lack of care for the safety of others. Examples in driving cases might include extreme speeding in a crowded area or driving while severely intoxicated. The exact definition differs by state. Gross negligence matters because some states allow punitive damages only for gross negligence or worse conduct, and some protections or immunities may not apply when it is proven. It is generally harder to prove than ordinary negligence.See also: Negligence, Punitive damages

H

Hearsay: Hearsay is an out-of-court statement offered in court to prove that what the statement says is true. For example, testimony that "a bystander told me the truck ran the red light" may be hearsay. Hearsay is generally not allowed as evidence at trial, but there are many exceptions, such as statements made for medical diagnosis or excited utterances made right after an event. Hearsay rules affect whether parts of a police report or witness statements can be used in court, and they vary somewhat between federal and state courts.See also: Evidence, Witness statement, Crash report
HIPAA authorization: A HIPAA authorization is a signed form that permits a health care provider or health plan to share your protected health information with a specific person or organization, such as an insurer or attorney. Federal rules at 45 CFR 164.508 set required elements, including a description of the information, who may receive it, an expiration date or event, and your signature. Insurers sometimes request broad authorizations covering your entire medical history. You may be able to limit an authorization to relevant dates and providers.See also: Medical records, Right of access, Independent medical examination
Hit-and-run: A hit-and-run happens when a driver involved in a crash leaves the scene without stopping to exchange information or help injured people, as required by state law. If you are hit by an unidentified driver, your uninsured motorist coverage may help pay for your injuries, and in some states for vehicle damage. Many policies and states require prompt reporting to police, and some require physical contact with the other vehicle for coverage to apply. Report the crash quickly and note any partial plate numbers, vehicle descriptions, or cameras nearby.See also: Uninsured motorist coverage, Crash report, Comprehensive coverage
Hours of service: Hours of service rules are federal limits on how long commercial truck and bus drivers may drive and be on duty before taking rest breaks and off-duty time. They are part of the Federal Motor Carrier Safety Regulations and are designed to reduce fatigue-related crashes. Most covered drivers now record their time using electronic logging devices. In truck crash claims, driving logs, fuel receipts, and GPS records may help show whether a driver was over the limits. Specific limits differ for property-carrying and passenger-carrying drivers.See also: Federal Motor Carrier Safety Regulations, Evidence

I

Independent medical examination: An independent medical examination (IME) is an exam by a doctor chosen and paid by an insurance company or the defense, rather than your own treating provider. Despite the name, the doctor is not necessarily neutral. IMEs are common in personal injury protection claims, uninsured motorist claims, and lawsuits. Your policy or court rules may require you to attend. The examiner typically writes a report on your injuries, their cause, and whether more treatment is needed. Rules on recording the exam or bringing someone vary by state.See also: First-party claim, Causation, Expert witness
Interrogatories: Interrogatories are written questions that one side in a lawsuit sends to the other, which must be answered in writing and under oath. In vehicle accident cases they may ask about your injuries, medical providers, prior accidents, employment, and the facts of the crash. Answers must be truthful and complete, and they can be used at trial. Court rules often limit the number of interrogatories; in federal court the default limit is 25, including subparts, unless the court allows more. State court limits and deadlines vary.See also: Discovery, Deposition, Request for production

J

Joint and several liability: Joint and several liability is a rule that can make each of several at-fault parties responsible for the entire amount of damages, regardless of their individual share of fault. The injured person may collect the full amount from any one of them, who can then seek contribution from the others. Many states have abolished or limited this rule, making each defendant responsible only for its own percentage, or applying joint liability only above a certain fault threshold or for certain damages. The rule in your state can affect who pays.See also: Comparative negligence, Defendant, Liability
Judgment: A judgment is the court's final decision in a lawsuit, stating the rights and obligations of the parties, such as an order that the defendant pay a specific amount to the plaintiff. A judgment often follows a jury verdict or a judge's ruling, but it can also result from a default. If a judgment is not paid, the winning party may use legal tools to collect it, such as wage garnishment or liens, subject to state law. Judgments may earn interest and may be appealed within strict deadlines.See also: Verdict, Appeal, Lien, Default judgment
Jurisdiction: Jurisdiction is a court's legal authority to hear a case. It includes authority over the type of case and over the people involved. For an accident case, this affects whether the lawsuit can be filed in state or federal court, which state's courts can hear it, and which county is appropriate, a related idea called venue. Crashes involving drivers from different states raise these questions often. The state where the case is filed can affect which laws, deadlines, and procedures apply.See also: Complaint, Small claims court, Statute of limitations

L

Last clear chance: Last clear chance is a legal doctrine that can allow an injured person who was partly at fault to still recover if the other party had the final opportunity to avoid the accident and failed to take it. It developed mainly to soften the harsh effect of contributory negligence. In states that use comparative negligence, the doctrine has often been absorbed into the fault-percentage analysis. Where it still exists, its exact requirements depend on state case law, so check with a licensed attorney about whether it applies.See also: Contributory negligence, Comparative negligence
Letter of protection: A letter of protection is a written promise, usually from an injured person's attorney, that a medical provider will be paid directly from any future settlement or verdict. It allows someone without health coverage, or whose coverage is limited, to receive treatment and pay later. If the case does not result in a recovery, the patient may still owe the bill, depending on the agreement. Some states have rules about how these arrangements can be disclosed or used as evidence. Read any letter of protection carefully before relying on it.See also: Lien, Settlement, Medical records
Liability: Liability means legal responsibility for harm or loss. In a vehicle accident claim, determining liability means deciding who caused the crash and therefore who, or whose insurer, must pay for the resulting damages. More than one party can share liability, for example two drivers, or a driver and an employer. Liability is usually based on negligence, though some situations involve other theories like product liability for defective parts. Insurers make their own liability decisions, and if the claim goes to court, a judge or jury decides.See also: Negligence, Liability insurance, Vicarious liability
Liability insurance: Liability insurance is the part of an auto policy that pays for injuries and property damage the insured driver causes to others, along with legal defense costs if they are sued. It includes bodily injury liability and property damage liability coverages. Nearly every state requires drivers to carry at least minimum liability limits. Liability insurance does not pay for the policyholder's own car or injuries. When you make a third-party claim after a crash, you are claiming against the other driver's liability coverage.See also: Bodily injury liability coverage, Property damage liability coverage, Minimum liability insurance
Lien: A lien is a legal claim against money or property to secure repayment of a debt. In injury cases, health insurers, government programs like Medicare and Medicaid, hospitals, and some medical providers may assert liens against a settlement or judgment to recover what they paid or are owed for accident-related treatment. Liens often must be resolved before settlement funds are fully distributed. Some states regulate hospital and provider liens, and federal law governs certain program liens. Liens can sometimes be negotiated.See also: Subrogation, Medicare Secondary Payer, Settlement, Letter of protection
Loss of consortium: Loss of consortium is a claim for the harm an injury causes to a close relationship, such as the loss of companionship, affection, support, and intimacy between spouses. It is usually brought by the injured person's spouse and, in some states, by children or parents. The claim typically depends on the main injury claim, so if the main claim fails or is reduced, the consortium claim may be affected too. Who may bring it, and how much may be awarded, varies by state.See also: Non-economic damages, Wrongful death
Loss of earning capacity: Loss of earning capacity is a reduction in your ability to earn money in the future because of an injury. It is different from lost wages, which covers pay you already missed. For example, if an injury prevents you from returning to a physically demanding job, you may earn less over your working life. These claims often require evidence from doctors, vocational experts, and economists. They are most common in serious injury cases with permanent limitations.See also: Lost wages, Economic damages, Expert witness
Lost wages: Lost wages are the income you missed because of your accident injuries, including time off for recovery, medical appointments, and therapy. They can include hourly pay, salary, overtime you reasonably would have worked, and sometimes used sick or vacation time. Proof usually includes a letter from your employer, pay stubs, tax returns, and a doctor's note restricting work. Self-employed people may use invoices, contracts, and past tax returns. In no-fault states, part of your lost wages may be paid through personal injury protection.See also: Loss of earning capacity, Economic damages, Personal injury protection

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Maximum medical improvement: Maximum medical improvement (MMI) is the point at which your treating doctor believes your condition has stabilized and is unlikely to improve significantly with further treatment. It does not necessarily mean you are fully healed; you may have lasting limitations. Reaching MMI helps everyone understand the long-term effects of an injury and estimate future care costs. Many injured people wait until MMI before finalizing a settlement, but filing deadlines continue to run, so timing must be watched.See also: Future medical expenses, Settlement, Independent medical examination
Mediation: Mediation is a voluntary or court-ordered negotiation session led by a neutral mediator who helps both sides try to reach a settlement. Unlike an arbitrator or judge, the mediator does not decide the case. Sessions often involve the mediator moving between rooms to carry offers and explain risks. Many courts require mediation before an injury case can go to trial. What is said in mediation is usually confidential under state rules. If no agreement is reached, the case continues.See also: Arbitration, Settlement, Trial
Medical payments coverage: Medical payments coverage, often called MedPay, is optional auto insurance in many states that pays reasonable medical expenses for you and your passengers after a crash, regardless of fault, up to a fairly low limit. It may help cover health insurance deductibles and co-pays. It usually does not pay lost wages. Some policies allow the insurer to seek reimbursement from a later settlement. Availability and rules vary by state, and in no-fault states personal injury protection often plays a similar role.See also: Personal injury protection, First-party claim, Subrogation
Medical records: Medical records are the documents created by health care providers about your care, including emergency room notes, imaging results, doctor visit notes, therapy records, and billing. In an injury claim they are key evidence of what injuries you had, how they were treated, and whether they relate to the accident. Under the HIPAA Privacy Rule, you generally have a right to get copies of your own records. Review them for accuracy, since an incorrect note about how an injury happened can create problems later.See also: Right of access, HIPAA authorization, Causation
Medicare Secondary Payer: The Medicare Secondary Payer rules, found in federal law at 42 U.S.C. section 1395y(b), make Medicare a secondary payer when another source, such as liability, no-fault, or workers' compensation insurance, is responsible for medical costs. If Medicare pays accident-related bills first, those payments are generally conditional and must be repaid from a settlement or judgment. The Centers for Medicare and Medicaid Services handles recovery. Failing to address a Medicare interest can create serious problems, so it is usually resolved before settlement funds are distributed.See also: Lien, Settlement, Subrogation
Minimum liability insurance: Minimum liability insurance is the lowest amount of liability coverage a state requires drivers to carry. Limits are often written as three numbers, such as 25/50/25, meaning $25,000 for injuries to one person, $50,000 for all injuries in one accident, and $25,000 for property damage. Minimums vary widely by state and are sometimes increased by law. In serious crashes, minimum limits may not cover all losses, which is one reason underinsured motorist coverage exists. Check your state's current requirements on official sources.See also: Bodily injury liability coverage, Financial responsibility law, Underinsured motorist coverage
Mitigation of damages: Mitigation of damages is the duty of an injured person to take reasonable steps to limit their losses. In vehicle accident claims, this can mean getting timely medical care, following a doctor's treatment plan, returning to work when medically able, and not letting a damaged car rack up excessive storage fees. If you fail to mitigate, an insurer or court may reduce the amount you can recover by the losses you could reasonably have avoided. The standard is reasonableness, not perfection, and it applies differently depending on the facts.See also: Damages, Maximum medical improvement
Modified comparative negligence: Modified comparative negligence is a fault rule that reduces your recovery by your share of fault but bars any recovery once your fault reaches a certain level. Under the 50 percent bar rule, you cannot recover if you are 50 percent or more at fault. Under the 51 percent bar rule, you cannot recover if you are 51 percent or more at fault, so you can still recover at exactly 50 percent. The majority of states use one of these two versions. Check your state's statute for the exact threshold.See also: Comparative negligence, Pure comparative negligence, Contributory negligence
Motion: A motion is a formal request asking a court to make a specific ruling or order during a lawsuit. Common motions in accident cases include motions to dismiss, motions to compel discovery when the other side does not respond, motions for summary judgment, and motions to exclude certain evidence before trial. The other side usually has a chance to respond in writing, and the judge may hold a hearing. Each court has its own rules about deadlines, formatting, and how motions must be filed and served.See also: Summary judgment, Complaint, Trial

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Negligence: Negligence is the failure to use reasonable care, resulting in harm to someone else. It is the most common legal basis for vehicle accident claims. To prove negligence, you generally must show four things: the other party owed you a duty of care, they breached that duty, the breach caused the accident, and you suffered actual damages. Examples of driver negligence include speeding, texting, running red lights, and following too closely. Fault may be shared, and state rules on shared fault vary.See also: Duty of care, Proximate cause, Comparative negligence, Negligence per se
Negligence per se: Negligence per se is a doctrine that can treat a violation of a safety law, such as a traffic statute, as automatic proof that a person breached their duty of care, or as strong evidence of it. For example, running a red light or driving above the speed limit may support negligence per se if the law was meant to prevent the kind of harm that occurred. The injured person usually still must prove causation and damages. States differ on whether a violation is conclusive proof or just evidence of negligence.See also: Negligence, Duty of care, Federal Motor Carrier Safety Regulations
Negligent entrustment: Negligent entrustment is a claim against someone who allowed another person to use their vehicle when they knew, or should have known, that the driver was unfit or dangerous. Examples include lending a car to someone without a license, someone who is intoxicated, or someone with a known history of reckless driving. The claim focuses on the owner's own carelessness in handing over the keys. It may apply to individuals and to businesses that hire drivers. Elements and defenses vary by state.See also: Vicarious liability, Permissive user, Defendant
No-fault insurance: No-fault insurance is a system in which your own auto insurer pays certain medical bills and lost wages after a crash through personal injury protection, regardless of who caused it. A minority of states, roughly a dozen, use this system. In most no-fault states, you can step outside the system and sue the at-fault driver for pain and suffering only if your injuries meet a serious injury or dollar threshold. Some states let drivers choose between no-fault and traditional coverage. No-fault rules usually do not apply to vehicle damage claims.See also: Personal injury protection, Serious injury threshold, At-fault state
Non-economic damages: Non-economic damages compensate for losses that do not come with a bill or receipt, such as physical pain, emotional distress, inconvenience, scarring, disability, and loss of enjoyment of life. They are often a large part of serious injury claims but are harder to value. Insurers may use internal software or formulas, while juries decide them based on the evidence and their judgment. Some states cap non-economic damages in certain types of cases, and no-fault states may limit them unless a threshold is met.See also: Economic damages, Pain and suffering, Emotional distress, Loss of consortium
Notice of claim: A notice of claim can mean two related things. With insurance, it is your initial report of a loss to an insurer, which most policies require promptly. With government defendants, it is a formal written notice that many states require before you can sue a city, county, state agency, or public transit system. Government notice deadlines can be very short, sometimes a few months, and missing one can end the claim. Check the specific statute or ask a licensed attorney about deadlines in your situation.See also: Sovereign immunity, Statute of limitations, Claim number

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Pain and suffering: Pain and suffering is a type of non-economic damage that compensates for the physical pain and mental distress caused by an injury, both in the past and expected in the future. Evidence can include medical records, the type and length of treatment, photos of injuries, testimony from family and friends, and personal journals describing daily limits. There is no fixed formula. In no-fault states, you may need to meet a threshold before claiming pain and suffering, and some states cap these damages in certain cases.See also: Non-economic damages, General damages, Emotional distress
Permissive user: A permissive user is someone who drives a vehicle with the owner's permission, even if they are not named on the insurance policy. In many states, the vehicle owner's liability insurance generally covers a permissive user, although limits or exclusions may apply. Coverage questions often come up when a friend, relative, or roommate borrows a car and causes a crash. Drivers specifically excluded from a policy by name usually are not covered. How permissive use is treated depends on the policy wording and state law.See also: Exclusion, Negligent entrustment, Liability insurance
Personal injury: Personal injury is a broad legal term for harm to a person's body, mind, or emotions caused by someone else's wrongful conduct, as opposed to damage to property. Vehicle accidents are among the most common sources of personal injury claims. Most are resolved through insurance claims and settlements rather than trials. A personal injury claim usually seeks compensation for medical costs, lost income, and pain and suffering. State law sets the deadlines, fault rules, and limits that apply.See also: Negligence, Tort, Damages
Personal injury protection: Personal injury protection (PIP) is auto insurance that pays for your own medical expenses and, depending on the state, a portion of lost wages and other costs after a crash, regardless of who was at fault. PIP is required in no-fault states and optional in some other states. Coverage amounts, deductibles, and what is included vary widely by state law and policy. PIP often has deadlines for reporting the claim and for seeking initial treatment. Check your policy and your state insurance department for details.See also: No-fault insurance, Medical payments coverage, Lost wages, First-party claim
Plaintiff: A plaintiff is the person or party who files a lawsuit. In a vehicle accident case, the plaintiff is typically the injured person, or in a wrongful death case, the person authorized by state law to sue on behalf of the estate or family. The plaintiff generally has the burden of proving that the defendant was legally responsible and that the damages claimed are real. Becoming a plaintiff requires filing a complaint in court before the statute of limitations expires.See also: Defendant, Complaint, Burden of proof, Claimant
Police report request: A police report request is the process of asking a law enforcement agency for a copy of the official crash report. You usually need the report number, date, location, and the names of the people involved. Many agencies accept requests online, by mail, or in person, and some states have a central portal. A small fee is common, and availability may be limited to people involved, their insurers, and their attorneys. Reports can take days or weeks to become available. Check the responding agency's website for its process.See also: Crash report, Evidence
Policy limits: Policy limits are the maximum amounts an insurance policy will pay for a covered loss. Liability policies often have per-person and per-accident limits for bodily injury and a separate limit for property damage. If your losses exceed the at-fault driver's policy limits, you may need to look to other sources, such as underinsured motorist coverage, an umbrella policy, or the driver's personal assets. Insurers do not always disclose limits before a lawsuit, though some states have rules requiring disclosure on request.See also: Declarations page, Bodily injury liability coverage, Underinsured motorist coverage, Umbrella policy
Policyholder: A policyholder is the person or business that owns an insurance policy, often called the named insured. The policyholder pays the premiums and has rights and duties under the policy, such as the duty to report a crash promptly and cooperate with the insurer. Other people, such as household family members or permissive drivers, may also be covered under the policy even though they are not the policyholder. Your declarations page lists the named insureds.See also: Declarations page, First-party claim, Permissive user
Pre-existing condition: A pre-existing condition is a health problem you had before the accident, such as prior back pain or arthritis. Insurers often argue that symptoms come from the earlier condition rather than the crash. However, if the accident made a pre-existing condition worse, that worsening is generally compensable in most states, and the responsible party typically takes the injured person as they find them. Being honest about prior conditions and having doctors explain what changed after the crash can help document this.See also: Causation, Independent medical examination, Medical records
Prejudgment interest: Prejudgment interest is interest added to a damages award to cover the time between the injury, or the filing of the lawsuit, and the final judgment. Its purpose is to compensate for the delay in being paid. Whether it is available in personal injury cases, the interest rate, and the date from which it runs are all set by state law and vary considerably. Some states apply it only to certain damages, such as economic losses, or only when certain settlement offers were rejected.See also: Judgment, Settlement, Damages
Preponderance of the evidence: Preponderance of the evidence is the standard of proof used in most civil cases, including car accident lawsuits. It means the evidence shows a fact is more likely true than not, sometimes described as just over 50 percent. It is a lower standard than the criminal standard of beyond a reasonable doubt. Because of this difference, a driver who was not convicted of a traffic offense may still be found responsible in a civil case. Certain claims, like punitive damages, may require a higher standard in some states.See also: Burden of proof, Verdict
Pro se: Pro se means representing yourself in a legal matter without a lawyer. Some people handle smaller property damage claims or small claims court cases this way. Pro se parties must generally follow the same procedural rules and deadlines as attorneys. Many state courts offer self-help centers, forms, and online guides for people who represent themselves. Larger injury claims, or cases with complex insurance or medical issues, are often harder to manage alone, so many people at least consult a licensed attorney.See also: Small claims court, Complaint, Attorney-client privilege
Proof of loss: A proof of loss is a sworn or formal statement that a policyholder may be required to submit to their own insurer describing the claimed loss and its amount, often with supporting documents. Some auto policies require it for certain claims, and insurers may set a deadline after requesting it. Fill it out carefully and accurately, keep a copy, and send it in a way you can track. Requirements and deadlines depend on your policy and any applicable state rules.See also: First-party claim, Claim number, Economic damages
Property damage liability coverage: Property damage liability coverage pays for damage the insured driver causes to other people's property, most often their vehicles, but also fences, buildings, utility poles, and other structures. It is part of liability insurance and is required in nearly every state at a minimum amount. It does not pay for the policyholder's own car, which falls under collision coverage. If damage exceeds the property damage limit, the at-fault driver may be personally responsible for the rest.See also: Liability insurance, Bodily injury liability coverage, Minimum liability insurance
Proximate cause: Proximate cause is a legal concept that limits liability to harms that were a reasonably foreseeable result of someone's careless conduct. It is not enough that the conduct was one link in a long chain of events; the connection must be close enough that the law holds the person responsible. In most car crash cases, proximate cause is straightforward, since injuries from a collision are a foreseeable result of careless driving. It becomes disputed in unusual situations, such as chain-reaction crashes.See also: Causation, Negligence, Duty of care
Punitive damages: Punitive damages, also called exemplary damages, are meant to punish a defendant for especially reckless or intentional conduct and to discourage similar behavior, rather than to compensate the injured person. In vehicle cases they are typically considered only in limited situations, such as drunk driving or extreme recklessness. Many states require clear and convincing evidence, cap the amount, or restrict them in other ways, and some states allow them only in narrow circumstances. Insurance may not cover them in some states.See also: Gross negligence, Damages
Pure comparative negligence: Pure comparative negligence is a fault rule that lets an injured person recover damages even if they were mostly at fault, with their recovery reduced by their percentage of fault. For example, if you were 70 percent at fault and your damages are $10,000, you could still recover $3,000. A minority of states, including California and Washington, follow this approach. Legislatures do change these rules; Florida, for example, moved away from pure comparative negligence for most negligence cases in 2023, Louisiana in 2026, and New York partly changed its rule for no-fault injury lawsuits in 2026. Check your state's current statute.See also: Comparative negligence, Modified comparative negligence

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Rear-end collision: A rear-end collision happens when one vehicle hits the back of another. In many states, courts start from a presumption that the following driver was at least partly at fault, because drivers are expected to keep a safe distance. That presumption can be challenged with evidence, such as a lead vehicle that stopped suddenly without reason or had broken brake lights. Rear-end crashes commonly cause neck and back injuries like whiplash. How fault is divided depends on the facts and on state law.See also: Negligence, Comparative negligence, Whiplash
Recorded statement: A recorded statement is an audio-recorded interview an insurance adjuster takes to document your version of the accident and your injuries. Your own insurer's policy usually requires you to cooperate with reasonable requests, which can include a statement. You generally are not required to give a recorded statement to the other driver's insurer, although you still need to provide information to support your claim. Many people choose to provide facts in writing instead. Statements can be used later if they differ from other accounts.See also: Adjuster, Third-party claim, First-party claim
Release: A release is a legal document you sign when you settle a claim, giving up your right to pursue further payment for the losses covered. Once signed, it is usually final, even if injuries turn out to be worse than expected. Releases can be broad or narrow, for example covering only property damage. Read every release carefully, including who is released and what claims are included, and make sure liens and future medical costs are considered before signing. Some states have rules on releases involving minors.See also: Settlement, Lien, Structured settlement
Rental reimbursement coverage: Rental reimbursement coverage is optional auto insurance that helps pay for a rental car while your vehicle is being repaired after a covered claim. It usually has a daily dollar limit and a maximum number of days. If another driver was at fault, their liability insurer may be responsible for a reasonable rental or loss-of-use payment, but approval can take time, so your own coverage may help bridge the gap. Check your declarations page to see if you have it.See also: Collision coverage, Declarations page, Third-party claim
Request for production: A request for production is a discovery tool that asks the other party in a lawsuit to provide copies of documents, electronic data, or physical items for inspection. In accident cases it might seek photos, vehicle repair records, phone records from around the time of the crash, insurance policies, or a trucking company's driver files. The responding party must produce what it has or state valid objections within the deadline set by court rules. Requests to people who are not parties usually require a subpoena.See also: Discovery, Interrogatories, Subpoena
Reservation of rights letter: A reservation of rights letter is a notice from an insurer saying it will investigate or defend a claim while keeping the right to deny coverage later. It often means the insurer has a question about whether the policy applies, such as whether the driver had permission or whether an exclusion applies. It is not a denial. If you receive one as a policyholder, read it carefully and keep it. Some states have specific rules about how insurers must handle these situations.See also: Exclusion, Bad faith, Liability insurance
Respondeat superior: Respondeat superior is a Latin phrase meaning "let the master answer." It is a legal doctrine that makes an employer responsible for the negligent acts of an employee committed within the scope of employment. If a delivery driver causes a crash while making deliveries, the employer may be liable along with the driver. It typically does not apply to independent contractors or to employees on purely personal errands, although exceptions exist. It is one form of vicarious liability.See also: Vicarious liability, Negligent entrustment, Defendant
Rideshare insurance: Rideshare insurance refers to coverage that applies when a driver uses a personal vehicle for companies like Uber or Lyft. Coverage often depends on the driver's status: app off, app on and waiting for a request, or actively transporting a passenger. Many personal auto policies exclude commercial use, while the rideshare company's policy often provides higher limits during active trips. Many states have laws setting minimum coverage for each period. Ask which phase the driver was in when the crash happened.See also: Exclusion, Uninsured motorist coverage, Liability insurance
Right of access: The right of access is your right under the HIPAA Privacy Rule, 45 CFR 164.524, to inspect and get copies of your own health information held by most health care providers and health plans. A provider generally must act on your request within 30 days, with one possible 30-day extension if it explains the delay in writing. It may charge only a reasonable, cost-based fee. You can ask for records in a specific format, such as electronic copies, if readily producible. Some states give additional rights.See also: Medical records, HIPAA authorization

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Salvage title: A salvage title is a vehicle title brand issued when a car has been declared a total loss, usually by an insurance company. It signals to future buyers that the vehicle was severely damaged. In many states, a salvage vehicle cannot be legally driven until it is repaired and passes an inspection, after which it may receive a rebuilt or reconstructed title. If you keep your totaled car, the insurer typically deducts its salvage value from the payout. Title rules and terms vary by state.See also: Total loss, Actual cash value
Serious injury threshold: A serious injury threshold, also called a tort threshold, is a requirement in no-fault states that an injury must meet before you can sue the at-fault driver for pain and suffering. Thresholds may be verbal, such as significant disfigurement, permanent injury, or fracture, or monetary, such as medical bills above a certain amount. The exact categories and amounts are set by each state's law. Meeting the threshold usually requires detailed medical evidence. Check your state's statute or ask a licensed attorney.See also: No-fault insurance, Personal injury protection, Pain and suffering
Settlement: A settlement is an agreement to resolve a claim or lawsuit in exchange for payment, without a trial. Most vehicle accident claims end in a settlement. The agreement is usually finalized with a signed release, after which you generally cannot seek more money for the same losses. Before settling, consider your total medical costs, future care needs, lost income, liens, and any applicable deadlines. Settlement can happen at any stage, including before a lawsuit is filed or during trial.See also: Release, Demand letter, Mediation, Structured settlement
Small claims court: Small claims court is a simplified court for resolving disputes involving relatively small amounts of money, often without lawyers. It may be an option for vehicle damage claims, a deductible, or minor losses when an insurer will not pay. Each state sets its own maximum claim amount, filing fees, and rules, and some states do not allow lawyers to appear for parties. Judgments must still be collected, which can be difficult if the other party has no insurance. Check your local court's self-help resources.See also: Pro se, Jurisdiction, Property damage liability coverage
Soft tissue injury: A soft tissue injury is damage to muscles, ligaments, or tendons rather than bones. Common examples after a crash include neck and back strains and sprains. These injuries may not appear on X-rays, and symptoms sometimes develop hours or days later. Because there may be little visible proof, insurers sometimes question soft tissue claims. Prompt medical evaluation, consistent treatment, and clear records describing symptoms and limits can help document them.See also: Whiplash, Causation, Medical records
Sovereign immunity: Sovereign immunity is the legal principle that a government cannot be sued without its consent. Federal and state governments have passed laws, such as the Federal Tort Claims Act, that allow certain injury claims to proceed but with special conditions, including short notice deadlines, administrative claim steps, and damage caps. Under the Federal Tort Claims Act, an administrative claim generally must be presented within two years. Crashes involving government vehicles or road defects often raise these issues, and the rules vary by state.See also: Notice of claim, Defendant, Statute of limitations
Special damages: Special damages is a term used in many courts for specific, calculable financial losses caused by an injury, such as medical bills, lost wages, repair costs, and other out-of-pocket expenses. The term largely overlaps with economic damages. Some court rules require special damages to be stated specifically in the lawsuit. Receipts, bills, invoices, pay records, and a dated expense log are the main ways to prove them.See also: Economic damages, General damages, Lost wages
Spoliation of evidence: Spoliation of evidence is the destruction, alteration, or failure to preserve evidence relevant to a claim or lawsuit. Examples might include scrapping a vehicle before it is inspected, deleting dashcam footage, or losing truck driver logs. Courts can respond with penalties, such as instructing the jury that it may assume the lost evidence would have been unfavorable to the party responsible. A written preservation letter is often sent early to ask the other side to keep relevant evidence. Rules vary by state.See also: Evidence, Chain of custody, Event data recorder
SR-22: An SR-22 is a certificate of financial responsibility that an insurer files with a state motor vehicle agency to prove a driver carries at least the required liability insurance. It is not a type of insurance itself. States may require it after events such as driving without insurance, certain serious violations, or a license suspension. The requirement typically lasts for a set period, and a lapse in coverage is reported to the state. Some states use different forms, such as FR-44 in Florida and Virginia.See also: Financial responsibility law, Minimum liability insurance
Stacking: Stacking means combining coverage limits from more than one vehicle or policy to increase the total amount available for a single claim, most often for uninsured or underinsured motorist coverage. For example, if you insure two cars each with $50,000 of uninsured motorist coverage, stacking could make $100,000 available. Some states allow stacking, some prohibit it, and some let policyholders choose stacked or unstacked coverage, often at different prices. Check your policy and state law.See also: Uninsured motorist coverage, Underinsured motorist coverage, Policy limits
Statute of limitations: A statute of limitations is a law that sets the deadline for filing a lawsuit. If you miss it, a court will usually dismiss your case, no matter how strong it is. For vehicle accident injury claims, deadlines in most states range from one to six years from the date of the crash, and property damage and wrongful death claims often have different deadlines. Exceptions may apply for minors, government defendants, or other situations. Check the statute for your state or ask a licensed attorney well before the deadline.See also: Tolling, Discovery rule, Notice of claim, Complaint
Structured settlement: A structured settlement is a settlement paid in installments over time instead of all at once. It is typically funded through an annuity purchased by the paying party or its insurer. Structured settlements are sometimes used in serious injury cases or cases involving minors to provide steady long-term income. Once set up, they are hard to change, and selling future payments for a lump sum usually requires court approval under state law.See also: Settlement, Release
Subpoena: A subpoena is a court-issued order requiring a person to testify, produce documents, or both. In accident cases, subpoenas are used to obtain records from people or organizations that are not parties to the lawsuit, such as hospitals, phone companies, employers, or businesses with surveillance video. Ignoring a valid subpoena can lead to penalties. The person receiving it may object or ask the court to limit it if it is too broad or burdensome. Procedures vary by court.See also: Discovery, Deposition, Request for production
Subrogation: Subrogation is the right of an insurer or benefits provider that paid your losses to seek repayment from the party who caused them. For example, if your insurer pays to repair your car, it may pursue the at-fault driver's insurer to recover that amount, and possibly your deductible. Health insurers may also seek reimbursement from your injury settlement. Subrogation rights depend on your policy, plan type, and state law, and some states limit them. Tell all insurers about any settlement before finalizing it.See also: Collision coverage, Lien, Deductible, Medicare Secondary Payer
Summary judgment: Summary judgment is a ruling by a judge that resolves all or part of a lawsuit without a trial, because there is no genuine dispute about the important facts and one side is entitled to win as a matter of law. In accident cases, a defendant might seek summary judgment if the deadline was missed, or a plaintiff might seek it on fault in a clear-cut rear-end crash. If the judge finds real factual disputes, the motion is denied and the case proceeds toward trial.See also: Motion, Trial, Judgment
Summons: A summons is an official court document that notifies a defendant they are being sued and tells them how long they have to respond. It is usually delivered, or served, together with the complaint. Service must follow specific rules about who may deliver it and how. If the defendant is not properly served, the case may be delayed or dismissed. In many states, failing to serve the defendant within a set time after filing can create problems even if the complaint was filed before the deadline.See also: Complaint, Answer, Default judgment
Survival action: A survival action is a claim that continues a lawsuit the injured person could have brought if they had lived. It is brought on behalf of the deceased person's estate and may seek damages the person suffered before death, such as medical bills and, in some states, pain and suffering. It is different from a wrongful death claim, which compensates surviving family members for their own losses. Many cases involve both. Who may bring each claim and what can be recovered varies by state.See also: Wrongful death, Damages

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Third-party claim: A third-party claim is a claim you make against someone else's insurance, usually the at-fault driver's liability coverage. You are not that insurer's customer, so your relationship with the adjuster is different from a claim under your own policy. The insurer will investigate fault and may dispute the amount or cause of your losses. Third-party claims are the main route to compensation in at-fault states. If the insurer denies or delays, filing a lawsuit before the statute of limitations may be the remaining option.See also: First-party claim, Liability insurance, At-fault state, Adjuster
Time-limited demand: A time-limited demand is a settlement demand that must be accepted within a stated deadline, often asking for the at-fault driver's full policy limits. If an insurer unreasonably fails to accept a reasonable demand within the limits, some states may expose the insurer to bad faith liability. Several states have statutes setting specific requirements for these demands, such as content, delivery method, and minimum response time. Because the rules are technical, they are usually handled with an attorney's help.See also: Demand letter, Policy limits, Bad faith
Tolling: Tolling means pausing or extending the time allowed under a statute of limitations. Common reasons include the injured person being a minor, the defendant being out of state or hiding, or the injured person being legally incapacitated. Some states also toll deadlines for other specific reasons. Tolling rules are technical and vary widely by state, and they do not always apply to government claims. Do not assume a deadline is tolled without checking the statute or asking a licensed attorney.See also: Statute of limitations, Discovery rule
Tort: A tort is a wrongful act, other than a breach of contract, that causes harm and allows the injured person to seek compensation in civil court. Negligence, the basis for most car accident claims, is the most common tort. Intentional torts, such as assault, and strict liability torts, such as some product defect claims, are other categories. Tort law is mostly state law, which is why rules on fault, deadlines, and damages differ from state to state.See also: Negligence, Personal injury, At-fault state
Total loss: A total loss happens when an insurer decides a vehicle is not worth repairing, usually because repair costs plus salvage value would exceed the car's actual cash value or a percentage set by state law. The insurer then typically pays the vehicle's actual cash value, minus any deductible on your own policy, and takes ownership of the car. You can usually ask for the valuation report and challenge it with your own evidence. Total loss thresholds and rules about taxes and fees vary by state.See also: Actual cash value, Salvage title, Gap insurance
Traumatic brain injury: A traumatic brain injury (TBI) is damage to the brain caused by a blow, jolt, or penetrating injury to the head, which can happen in vehicle crashes even without a direct head impact. Injuries range from mild concussions to severe brain damage. Symptoms such as headaches, memory problems, mood changes, and trouble concentrating may appear gradually and are sometimes missed at first. Getting seen by a doctor soon after the crash helps both your health and your records. TBI claims often require specialized medical testing and expert testimony to document long-term effects.See also: Future medical expenses, Non-economic damages, Expert witness
Trial: A trial is the formal court proceeding where each side presents evidence and arguments, and a judge or jury decides the disputed facts and the outcome. In accident cases, trials usually include opening statements, witness testimony, exhibits, expert testimony, and closing arguments. Very few vehicle accident claims reach trial; most settle earlier. Trials can be expensive and the result is uncertain. The right to a jury trial in civil cases is protected by law, with procedures set by each court.See also: Verdict, Summary judgment, Settlement, Appeal

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Umbrella policy: An umbrella policy is extra liability insurance that pays above the limits of your auto and homeowners policies. For example, if a crash you cause leads to damages beyond your auto liability limits, an umbrella policy may cover the difference up to its own limit. Insurers typically require you to carry certain underlying limits to buy one. When you are injured by someone else, it may be worth asking whether that person or their household carries an umbrella policy.See also: Policy limits, Liability insurance
Underinsured motorist coverage: Underinsured motorist coverage (UIM) is part of your own auto policy that may pay when the at-fault driver has insurance but not enough to cover your losses. It typically pays up to your UIM limit after the other driver's policy limits are used. States differ on how UIM works, including whether it is offset by the other driver's payment and whether you must get your insurer's consent before settling with the at-fault driver. Some states require it while others make it optional.See also: Uninsured motorist coverage, Policy limits, Stacking, First-party claim
Uninsured motorist coverage: Uninsured motorist coverage (UM) is part of your own auto policy that pays for your injuries, and in some states property damage, when the at-fault driver has no insurance or cannot be identified, as in many hit-and-run crashes. Some states require UM coverage, while others require insurers to offer it and allow you to reject it in writing. Because you are claiming against your own insurer, policy requirements like prompt notice and cooperation apply. Disputes may go to arbitration under some policies.See also: Underinsured motorist coverage, Hit-and-run, Stacking, First-party claim

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Verdict: A verdict is the decision a jury, or a judge in a bench trial, reaches at the end of a trial on the disputed facts, such as who was at fault and the amount of damages. In civil cases, many states do not require a unanimous jury. After the verdict, the court enters a judgment, and the losing side may file post-trial motions or an appeal. The amount actually collected may be affected by comparative fault reductions, damage caps, available insurance, and liens.See also: Trial, Judgment, Appeal
Vicarious liability: Vicarious liability is legal responsibility for someone else's negligence because of a relationship with that person. The most common example is an employer being liable for an employee's driving during work, known as respondeat superior. Some states also have owner liability laws that make vehicle owners responsible for crashes by drivers using their cars with permission, often up to certain limits. Federal law limits vicarious liability for many rental and leasing companies. Rules vary widely by state.See also: Respondeat superior, Negligent entrustment, Liability

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Whiplash: Whiplash is a neck injury caused by a sudden back-and-forth motion of the head, most often in rear-end collisions. Symptoms can include neck pain and stiffness, headaches, dizziness, shoulder pain, and reduced range of motion, and they may start hours or days after the crash. Whiplash is a type of soft tissue injury and may not show on X-rays. Seeing a medical provider promptly and following the treatment plan helps both recovery and documentation of the injury.See also: Soft tissue injury, Rear-end collision, Medical records
Witness statement: A witness statement is a written or recorded account from someone who saw the accident or its aftermath. Neutral witnesses, such as other drivers or pedestrians with no connection to either party, can be especially helpful when fault is disputed. At the scene, ask for names and phone numbers, since police reports do not always list every witness. Write down what they said while it is fresh, and note the time and place. Memories fade quickly, so statements gathered early tend to be more reliable.See also: Evidence, Affidavit, Crash report, Hearsay
Wrongful death: A wrongful death claim is a lawsuit brought when a person dies because of another party's negligent or wrongful conduct, such as a fatal vehicle crash. It compensates surviving family members for losses like funeral costs, lost financial support, and loss of companionship. State law controls who can bring the claim, such as a spouse, children, or the estate's personal representative, as well as the filing deadline and what damages are available. Wrongful death deadlines may differ from personal injury deadlines.See also: Survival action, Statute of limitations, Loss of consortium