How Do No-Fault Claims Differ from Other Car Accident Claims?
Legally Reviewed and Edited by: Terry Cochran
Have you been in an automobile accident and suffered an injury? You may have questions for an attorney, especially if you live in a No-Fault Insurance state.
At Cochran, Kroll & Associates, P.C. we understand your concern, which is why we put together this complete guide to No-Fault Insurance claims for the victims of negligent driving.
How do typical car accident claims work?
Usually, when a person is injured in a car accident due to the negligent driving of the other driver, they have the option of claiming compensation through the other driver’s insurance company.
During this process, the victim must first claim damages. In simple terms, they must list and place value on all damages received. After this, you must prove to the other driver’s insurance company – typically with the help of a knowledgeable car accident lawyer – that the driver they insure was at fault for the incident. If you do so successfully, then you are awarded damages for your incurred injuries
This is the traditional process for filing a car accident claim that is still followed in the majority of states in the U.S.
What is No-Fault Insurance?
The No-Fault Insurance system changes the process of filing for compensation for the injuries that are sustained in a car accident.
If you live in a No-Fault Insurance state, instead of submitting a claim to the negligent driver’s insurance company, the claim should be submitted to your own insurance company. Your insurance will then cover the cost of the injuries and other damages you incurred in the accident, no matter who was at fault.
What’s the purpose of No-Fault Insurance?
Anyone who has been involved in a car accident can tell you that, even with a substantial amount of legal know-how, proving to the negligent driver’s insurance company that their driver was at fault can be a long, seemingly endless process, especially without the help of an auto accident attorney.
With the typical insurance system, you are required to submit any of the documents that the other driver’s insurance company requests, which can include police reports, eye-witness statements, and medical reports. However, even if you can spend the time gathering and submitting these documents, they may still deny your claim.
No-Fault Insurance systems are meant to simplify this often time-consuming, expensive, and frustrating process and mitigate the number of lawsuits that result from denied claims.
Does my state have No-Fault Insurance?
Various states in the U.S. are No-Fault states, including:
- The District of Columbia
- New Jersey
- New York
- North Dakota
The No-Fault system in each state varies by the state concerning what is covered by their system, and some states do not require citizens to take part in the No-Fault system over traditional insurance.
What is better, traditional or No-Fault?
In states that have No-Fault Insurance systems, claims are typically paid in a much more efficient and timely manner. There is no need to worry that your claim will be denied by the insurance company, and No-Fault states see far fewer car accident lawsuits each year.
However, there are also downsides to this new system, one of the most substantial being that most states limit the types of compensation you are eligible to collect. For example, in a traditional claim, the victim is entitled to pain and suffering damages where applicable in addition to general damages such as medical and lost income coverage.
In No-Fault states, pain and suffering claims are not usually covered. While some states with No-Fault systems still allow victims to sue for damages, they are often relegated to that state’s strict regulations concerning who qualifies for compensation.
If you have been involved in an accident in a No-Fault Insurance state, contact your local car injury lawyer at Cochran, Kroll & Associates, P.C. on 866-MICH-LAW for a free consultation and to get the help you need to ensure your damages don’t go uncovered due to new No-Fault regulations.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.