CAIA Liability and Negligence Principles 5

Question 1

Which type of damages compensates a plaintiff for pain, suffering, emotional distress, and loss of enjoyment of life resulting from an auto accident?

Accepted Answer

General (non-economic) damages

Answer

Special (economic) damages

Answer

Punitive damages

Answer

Nominal damages

Question 2

When adjusting a liability claim, the adjuster discovers the claimant failed to seek medical treatment for two weeks after the accident. How does this affect the claim evaluation?

Accepted Answer

It may be used to argue the claimant failed to mitigate damages, potentially reducing the award

Answer

It automatically defeats the claim

Answer

It confirms liability on the insured's part

Answer

It has no relevance to the liability investigation

Question 3

An adult passenger knowingly rides in a vehicle operated by a driver who is visibly drunk. They are injured in an accident. In a comparative negligence state, how might this affect their recovery?

Accepted Answer

Their recovery may be reduced proportionally based on their own contributory fault

Answer

Their recovery is unaffected because they were a passenger

Answer

They automatically recover full damages because they were not driving

Answer

The driver's insurer must pay full damages to all passengers

Question 4

A driver runs a stop sign (a statutory violation) and causes an accident. The concept of 'negligence per se' means:

Accepted Answer

Violation of the traffic statute establishes negligence without requiring proof of unreasonable conduct

Answer

The driver is automatically criminally liable

Answer

The plaintiff is barred from recovering because they were also violating traffic law

Answer

Proof of damages is no longer required

Question 5

Two drivers simultaneously enter an intersection from different directions and collide. Neither had a right-of-way advantage. How are liability and damages most likely allocated under comparative fault?

Accepted Answer

Each driver's percentage of fault is determined by the facts, and damages are allocated accordingly

Answer

The driver who entered the intersection first is 100% liable

Answer

Liability is split equally 50/50 automatically by law

Answer

Neither driver can recover because both were negligent

Question 6

What is the significance of an independent medical examination (IME) in a disputed auto liability claim?

Accepted Answer

It provides the insurer with an objective medical opinion on the nature and extent of the claimant's injuries

Answer

It determines fault for the accident

Answer

It replaces the claimant's own treating physician's records

Answer

It is required before any liability can be admitted

Question 7

A teenage driver borrowed a parent's vehicle without permission and caused an accident. Under which doctrine might the parent still be held liable in some jurisdictions?

Accepted Answer

Family purpose doctrine

Answer

Respondeat superior

Answer

Strict products liability

Answer

Dram shop liability