The first instance is the collision between your auto and another. Although collisions come in many forms, one car, two, three or more, your case starts with contact that causes some type of injury.1 First requirement, you and your car collide with another automobile or object.2 The second requirement is that you are injured.3 The third requirement is that your injury was caused by the accident and a medical professional relates your injury to the collision. This is called causation and is described in writing by your medical professional in their notes and their report. The fourth and final element needed for a case is damage. There are two types of damage: one to your car and another to your body. The damage to your car is called property damage, and to your body is called personal injury.
Property damage is subject to the deductible on your own insurance policy, (meaning your insurance company will pay for the damage to your car minus your deductible) and personal injury damage is basically categorized as “pain and suffering” from the injuries you have sustained in the accident. Pain and suffering are measured by both objective and subjective characteristics. Examples of objective measurements of pain and suffering are MRI, CT-Scan, x-ray, EMG. Examples of subjective pain and suffering are telling your medical professional where you have pain, during an examination for example. Bruising, redness, swelling, bleeding, should be considered objective examples but must be proven by photos, videos, as soon after the accident as possible.
This is a general explanation of what is an auto accident. Part 2 Auto accident: What to do next” will be published shortly.
1 Naturally, the use of the term “car” here includes all “automobiles” such as trucks, trains, commercial vehicles, taxicabs, Ubers, etc.
2 Some state laws do not require an actual collision with an automobile rather if you are cut off or avoiding a danger on the road and as a result of avoiding the danger or being cut off you then collide into another car or fixed object it is still considered a recognizable automobile claim.
3 Your injuries are subject to the restrictions on YOUR automobile insurance policy. This is an election called threshold characterized as “zero threshold” “tort threshold” “threshold” or the like. If you do not have auto insurance you can make a claim subject to certain specific limitations.