Pennsylvania Car Accident Glossary of Terms

Accidental death benefit

In automobile insurance law, the death benefit paid to the personal representative of the insured, if the injury resulting from a motor vehicle accident caused the death of the insured within 24 months from the date of the accident. The accidental death benefit is optional coverage. In Pennsylvania, the only required coverage is $5,000 in medical benefits.

Action

In the legal sense, a formal complaint or a suit brought in court.

Adjudicate, adjudication

The process of being decided by a judge.

Adjuster

An employee or independent agent of an insurance company who negotiates and settles claims that are made against the insurance company.

Administrator or administratrix

Person appointed by a court to administer a deceased person's estate. The person may be male (in which case, he would be referred to as the "administrator") or female (in which case, she would be referred to as the "administratrix").

Adversary proceeding

Legal proceeding involving parties with opposing interests, with one party seeking legal relief and the other opposing it.

Agent

Or insurance agent. Person authorized to represent an insurer and solicit insurance business. An insurance agent is tied to an insurance company. Compare with insurance broker.

Air bag

An air bag is an automatic crash-protection system in motor vehicles. Air bags inflate after impact and create a protective cushion between the occupant and certain hard surfaces in the vehicle, depending on the location of the air bag and the occupant of which it is to protect. To learn more about air bags, click here

Allegation

The claim or statement made by a party in a legal proceeding that sets forth what that party intends to prove.

Alternative Dispute Resolution (ADR)

Term used to describe methods used to resolve legal disputes without going to trial. See, arbitration and mediation.

Amendment

To change or modify by addition or deletion in order to improve.

Amicus curiae

(Latin: "friend of the court.") Person or organization that files a legal brief wit the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action.

Appeal

Request to a superior or higher court to review and change the result in a case decided by an inferior or lower court or administrative agency.

Appellate court

A court having jurisdiction to hear an appeal and review the decisions of a lower or inferior court.

Arbitration

A legal hearing that is less formal than a trial in which the parties to a lawsuit present evidence and testimony to a neutral arbitrator or a board of arbitrators who evaluate the evidence and then enter an award in favor of one party or the other.

Arbitrator, Board of Arbitrators

A hearing officer or group of hearing officers (usually three) that preside over an arbitration hearing. Arbitrators are usually attorneys or retired judges.

Assigned Claims Plan

Under Pennsylvania law, insurers are required to organize and maintain this plan which entitles certain uninsured Pennsylvania residents who are injured in automobile accidents involving uninsured drivers to collect a maximum of $5,000 in medical benefits and a maximum of $15,000 in pain and suffering damages, subject to set-offs, coordination of other benefits, and subrogation.

Assumption of the risk

When a person voluntarily and knowingly proceeds in the face of an obvious and known danger, she assumes the risk. A person found to have assumed the risk cannot make out the duty element of a negligence cause of action. The theory behind the rule is that a person who chooses to take a risk cannot later complain that she was injured by the risk that she chose to take. Therefore, she will not be permitted to seek money damages from those who might have otherwise been responsible.

Attorney-client privilege

Client's privilege to refuse to disclose and prevent any other person from disclosing confidential communications between the client and his or her attorney.

Automobile insurance

Insurance coverage designed to protect against loss of or damage to a motor vehicle caused by various insurable hazards, such as theft and collision, and against legal liability for personal injuries or damage to property resulting from operation of the vehicle. See collision insurance.

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