Guide · Tort

Motor Vehicle Injury Claims: A Comprehensive Guide to Liability, Coverage, Damages, and Settlement

15 U.S.C. § 1011

Type
Guide
Jurisdiction
National
Date
2026-06-21
Topic
Tort

This guide covers motor vehicle injury claims from the collision to the release, for the injured person, the claims professional, and the lawyer on either side. Part 1 covers liability, the four comparative fault systems, and the evidence that decides fault before it is overwritten. Part 2 covers the coverage stack that sets the practical ceiling on any claim, and why underinsured motorist coverage matters more than any other. Part 3 covers the claim process, the recorded statement, and the medical authorization that are the adjuster's two most useful tools. Part 4 covers medical documentation, treatment gaps, and the honest complication that claims are penalized for poverty. Part 5 covers causation and the preexisting condition defense, and Part 6 covers damages including the collateral source question that can halve or double the economic component. Part 7 covers liens and reimbursement, including Medicare, Medicaid after Ahlborn, Wos, and Gallardo, and the ERISA plans that are the most aggressive claimants in practice. Part 8 covers property damage and diminished value, and Part 9 covers uninsured and underinsured claims and the consent-to-settle trap that forfeits more serious claims than any other single error. Parts 10 through 13 cover special defendants, litigation, settlement, and practice notes by role.

Motor Vehicle Injury Claims: A Comprehensive Guide to Liability, Coverage, Damages, and Settlement

Tort > Personal Injury | Published 21 June 2026 - Updated 18 August 2026 | UpLaw - uplaw.us

Two numbers govern most collision claims and neither is the injury: the at-fault driver's policy limit, and the claimant's own underinsured motorist coverage.

The full text of this document is available to Executive subscribers and above. See plans.