Car Accident Law Flashcards
6 cards from real accident attorney practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Car Accident Law flashcards as text
What does 'fault' or 'tort' state mean in the context of auto accident insurance?
Answer: The at-fault driver's insurance pays for damages to the other party
In a fault (tort) state, the driver who caused the accident is financially responsible, and the injured party can claim against the at-fault driver's liability insurance.
What is 'no-fault' auto insurance and how does it affect accident claims?
Answer: Each driver claims against their own insurer for medical expenses regardless of who caused the accident
In no-fault states, Personal Injury Protection (PIP) coverage pays the policyholder's medical expenses up to policy limits without needing to establish who caused the crash.
What is 'uninsured motorist' (UM) coverage in auto insurance?
Answer: Coverage that pays the policyholder's damages when the at-fault driver has no insurance
UM coverage protects the insured when injured by a driver who carries no liability insurance, allowing recovery from the insured's own policy.
In a rear-end collision, who is typically presumed to be at fault?
Answer: The driver who rear-ended the vehicle in front
The following driver is presumed at fault in rear-end collisions because drivers have a duty to maintain a safe following distance and be prepared to stop.
What is a 'police report' and why is it important after a car accident?
Answer: An official record created by responding officers that documents the accident scene, parties, and preliminary fault assessment
Police reports provide an independent third-party account of the accident, including witness statements, road conditions, and sometimes officer opinions on fault, which insurers rely on heavily.
What is 'diminished value' in the context of a car accident claim?
Answer: The reduction in a vehicle's market value after it has been in an accident and repaired
Even after full repair, a vehicle that has been in an accident typically sells for less than an identical undamaged vehicle — this loss is recoverable as diminished value.