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Glossary

Claim termsin plain English.

Last updated Written by Accident Claim Check Editorial TeamAttorney review: pending

A

At-fault state
A state where the driver who caused a crash, through their liability insurance, is generally responsible for the other people's losses. Also called a tort state. Learn more

B

Bodily injury liability (BI)
Insurance that pays for injuries you cause to other people in a crash, up to your policy limits.

C

Comparative fault
A rule that reduces your compensation by your share of blame for a crash. Under pure comparative fault you can recover even if mostly at fault; under modified comparative fault you are barred above a set percentage (50% or 51%). Learn more
Contingency fee
A fee arrangement where an attorney is paid a percentage of any recovery instead of hourly. If there is no recovery, there is usually no attorney fee, although case costs may still apply depending on the agreement. Learn more
Contributory negligence
A strict rule used in a few places (such as Alabama, Maryland, North Carolina, Virginia and DC) that can bar recovery if the injured person was even slightly at fault.

D

Damages
The money a person may recover for losses caused by someone else, such as medical bills, lost wages, pain and suffering and property damage.
Demand letter
A letter, usually from an attorney, that describes the injuries and losses and asks the insurer to pay a specific amount to settle the claim.
Deposition
Sworn testimony given outside court during a lawsuit, usually in a lawyer's office, and recorded by a court reporter.

E

Economic damages
Losses with a clear dollar value, like medical bills, lost wages and repair costs.

F

First-party claim
A claim against your own insurance, such as PIP, MedPay, collision or uninsured motorist coverage.

L

Liability
Legal responsibility for causing harm. In a crash claim, the liable party (usually through insurance) may have to pay for the injured person's losses.

M

Maximum medical improvement (MMI)
The point where a doctor believes your condition has stabilized and is unlikely to improve much further. Many claims are valued after MMI.
Medical payments coverage (MedPay)
Optional coverage in many states that pays medical bills after a crash, regardless of fault, up to a limit.

N

Negligence
Failing to act with reasonable care — for example, texting while driving. Most car accident claims are based on negligence.
No-fault state
A state where your own PIP coverage pays first for medical bills and some lost income after a crash, no matter who caused it. Pain-and-suffering claims against the other driver are usually limited to injuries above a threshold. Learn more
Non-economic damages
Losses without a fixed price, like pain and suffering, emotional distress and loss of enjoyment of life.

P

Pain and suffering
Compensation for physical pain and emotional distress caused by an injury.
Personal injury protection (PIP)
First-party insurance that pays your own medical bills and some lost income after a crash, regardless of fault. Required in no-fault states and some at-fault states.
Police report (crash report)
An official record of a crash prepared by the responding officer. It usually lists the drivers, insurers, witnesses and the officer's observations.
Policy limits
The most an insurance policy will pay for a covered claim.
Property damage liability (PD)
Insurance that pays for damage you cause to someone else's car or property.

R

Recorded statement
An insurer's recorded interview about the crash. You are generally not required to give one to the other driver's insurer. Learn more
Release
A document you sign when you settle a claim. It usually ends your right to ask for more money later.

S

Serious injury threshold
In no-fault states, the level of injury (or medical expenses) required before you can claim pain and suffering from the at-fault driver.
Settlement
An agreement to resolve a claim for an agreed amount, usually without going to trial.
Stacking
Combining uninsured/underinsured motorist coverage from more than one vehicle or policy. Some states allow it; others do not.
Statute of limitations
The legal deadline to file a lawsuit. For injury claims it is often two or three years, but it varies by state and can be as short as one year. Learn more
Subrogation
When an insurer that paid your bills (such as your health insurer) seeks repayment from your settlement or from the at-fault party.

T

Third-party claim
A claim against someone else's insurance — usually the at-fault driver's.

U

Uninsured / underinsured motorist coverage (UM/UIM)
Coverage on your own policy that pays when the at-fault driver has no insurance (UM) or not enough insurance (UIM). Learn more

W

Wrongful death claim
A claim brought by certain family members or the estate when a person dies because of someone else's negligence. Learn more

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