Guide · Tort
Motor Vehicle Collisions: A Comprehensive Guide to Fault, Coverage, Damages, and Settlement
49 U.S.C. § 30106
- Type
- Guide
- Jurisdiction
- National
- Date
- 2025-06-21
- Topic
- Tort
This guide covers motor vehicle collision claims from the scene through settlement or trial. It begins with the liability framework — negligence, negligence per se from traffic violations, the four fault regimes that vary enormously by state, and the no-fault thresholds that gate a pain and suffering claim. Coverage chapters cover every line on an auto policy, with sustained attention to underinsured motorist coverage, stacking, the consent-to-settle requirement that forfeits more claims than any other trap, and the elements of a bad faith claim against a carrier. Evidence chapters cover the scene, the event data recorder, and the far richer document set in a commercial carrier case, with the negligent hiring, training, and supervision theories those records support. Later chapters cover medical proof and treatment gaps, damages valuation as adjusters and juries actually perform it, the demand package, liens and subrogation, special situations from rideshare to government vehicles, and litigation.
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