There are many terms associated with a car accident, and if you are involved in a Kansas car accident, you are likely to hear them all. Some unscrupulous insurance companies use these terms to confuse claimants during the insurance claim process. We have put together answers to the most common questions we receive about Car Accident Claims in our FAQ but here are some common car insurance terms and their plain English definition that will help you even more.
Actual Cash Value
This is simply the market value of your car. It is what you could have sold your car for on the open market if you sold it the moment prior to the crash.
Burden of Proof
This describes who is responsible for proving liability for the car accident. If you are the plaintiff in a car accident claim case, you have to prove the other party or parties were responsible for the accident.
Contributory Negligence
Often times, a car accident is not solely the responsibility of one party. Contributory negligence is when lawyers and insurance companies try to apportion blame to all parties involved and adjust the payout accordingly.
Negligence and Negligence per Se
Negligence simply means that a person was not doing what they should have legally been doing at the time of the accident. Negligence per se describes gross negligence like driving while intoxicated, driving on the wrong side of the road or breaking another traffic law.
A settlement is a monetary or non-monetary payment that occurs outside the legal system. Essentially it is a mutual agreement between two or more parties. If you accept a settlement, you waive your legal right to pursue the matter further.
Total Loss
If the car cannot be repaired for less than the replacement cost of the vehicle, it is declared a total loss.
If you have been injured in a Kansas car accident, you need to speak with an attorney. If you would like to speak with one of our expert attorneys, please fill out the FREE car accident claim evaluation form found on this site, and one of our car accident lawyers will contact you soon to discuss your case.