accident attorney Car Accident Law 2 — Questions and Answers
Question 1: What is 'underinsured motorist' (UIM) coverage?
- Coverage that pays the gap between the at-fault driver's policy limits and the full amount of the insured's damages (Correct answer)
- Coverage for drivers under 25 years old
- Coverage for accidents in other states
- Coverage for medical expenses only
Correct answer: Coverage that pays the gap between the at-fault driver's policy limits and the full amount of the insured's damages
UIM coverage activates when the at-fault driver's liability limits are insufficient to fully compensate the injured party, covering the remaining damages up to the UIM policy limit.
Question 2: What is 'comparative fault' and how does it apply in a multi-vehicle accident?
- Each driver's percentage of fault is determined and their recovery is reduced (or eliminated) accordingly (Correct answer)
- All drivers share fault equally
- Only the last driver to act can be found at fault
- The least-insured driver bears all fault
Correct answer: Each driver's percentage of fault is determined and their recovery is reduced (or eliminated) accordingly
In multi-vehicle accidents, the factfinder apportions percentages of fault to each driver, and each driver's recovery (if any) is adjusted based on their share of fault.
Question 3: What is the significance of 'black box' data (EDR data) in car accident reconstruction?
- Event Data Recorders capture vehicle speed, braking, and steering data in the seconds before a crash (Correct answer)
- They record audio conversations inside the vehicle
- They document the driver's insurance history
- They track the vehicle's GPS route for months
Correct answer: Event Data Recorders capture vehicle speed, braking, and steering data in the seconds before a crash
Most modern vehicles have EDRs that record pre-crash data including speed, throttle position, brake application, and seatbelt status, which can be critical evidence in accident litigation.
Question 4: When does a car accident become a potential wrongful death claim?
- When the accident victim dies as a result of injuries sustained in the crash (Correct answer)
- When multiple vehicles are involved
- When the at-fault driver flees the scene
- When property damage exceeds $10,000
Correct answer: When the accident victim dies as a result of injuries sustained in the crash
A wrongful death claim arises when the negligence that would have supported a personal injury claim instead causes the victim's death, allowing the estate and surviving family to sue.
Question 5: What is a 'letter of protection' (LOP) in a car accident case?
- An attorney's letter to a healthcare provider agreeing to pay medical bills from the case settlement proceeds (Correct answer)
- A letter from the insurer confirming coverage
- A court order protecting confidential records
- A document transferring the claim to a third party
Correct answer: An attorney's letter to a healthcare provider agreeing to pay medical bills from the case settlement proceeds
An LOP allows injured plaintiffs with no insurance to obtain medical treatment by having their attorney guarantee payment out of any future settlement or judgment.
Question 6: What is 'hit and run' liability coverage and who does it protect?
- Uninsured motorist coverage that applies when the at-fault driver flees the scene and cannot be identified (Correct answer)
- Coverage for intentional collisions
- Coverage for accidents on private property
- Liability coverage for the fleeing driver
Correct answer: Uninsured motorist coverage that applies when the at-fault driver flees the scene and cannot be identified
Most UM policies cover hit-and-run accidents as if the fleeing driver were an uninsured motorist, allowing the victim to recover from their own insurer.
accident attorney Car Accident Law 2
What is 'underinsured motorist' (UIM) coverage?