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Legal Terms

Additional Insured: A person other than the named insured or covered person who is protected under the named insured’s auto policy.

Answer: A formal response to a claim, admitting or denying the allegations in the claim.

Arbitration: The hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept.

Automobile Insurance: A form of insurance that protects against losses involving autos. Examples of coverage types include: bodily injury liability, property damage liability, medical payments, and collision and comprehensive coverage for physical damage to the insured's vehicle.

Bodily Injury Liability: Legal liability for causing physical injury or death to another.

Burden of proof: Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.

Case: Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information.

Civil law: All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.

Collision Insurance: This covers loss to the insured person's own auto caused by its collision with another vehicle or object.

Comparative negligence: Negligence of a plaintiff in a civil suit which decreases his recovery by his percentage of negligence compared to a defendant's negligence.

Damages: Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another.

Deductible: The amount an insured person must pay before the insurance company pays the remainder of each covered loss, up to the policy limits.

Defendant: In a civil case, such as an car accident lawsuit, the defendant is the person against whom a civil action is brought.

Judgment: Final determination by a court of the rights and claims of the parties in an action.

Mistrial: Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury.

Negligence: The absence of ordinary care.

Parties: Persons, corporations, or associations, who have commenced a law suit or who are defendants.

Personal Injury Protection: Personal Injury Protection (PIP) usually includes benefits for medical expenses, loss of income from work, essential services, accidental death, funeral expenses, and survivor benefits.

Plaintiff: The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.

Settlement: Conclusion of a legal matter.

Statute of limitations: Law which specifies the time within which parties must take judicial action to enforce their rights.

Tort: A private wrong or harm committed against another, resulting in legal liability. A tort is either intentional or accidental. Automobile liability insurance is purchased to protect one from suits arising from unintentional torts.