Whether you live in a state where your insurance is governed by a no-fault or at-fault regime can play a serious part in how you handle the aftermath of a car accident.
What’s the difference? No-fault law requires all drivers to carry personal injury protection insurance. This provides drivers with easy access to health insurance if they are injured in a car accident.
No-fault accident laws are more than a little contested. This is mostly because it is perceived as expensive and redundant – due to the fact that most drivers already have health insurance.
Regardless of whether you think they’re right or wrong, you still must abide by them if you live in a state that practices them. If you’ve been in a no-fault accident, you probably want to know more details and if your insurance rate will go up. Keep reading to learn what you need to know.
In most states, when an accident occurs, someone takes the blame.
Unless two cars both run stop signs and collide or merge into a center lane from opposite sides and wreck, in most accidents, one driver is clearly at fault.
But in a no-fault state, that isn’t necessarily true.
In a no-fault state, a driver who is injured in an auto accident simply has to file a claim for compensation for their injuries. Once filed, the other driver’s insurance provider must pay the claim.
It doesn’t matter whether the injured driver is the victim in the accident or the cause. They can file for coverage regardless, without having to prove who caused the accident.
While this ensures that the claim gets paid, there is a catch; the injured driver cannot sue for additional damage.
Technically, no, California is not a no-fault state.
While an injured driver can still file a claim to the other driver’s insurance and that claim will have to be paid, it doesn’t end there. Drivers in California do still retain their right to sue for additional damages, according to Los Angeles car accident attorneys.
The purpose of the no-fault system is to decrease the cost of auto insurance by eliminating small claims from the court system, according to the Insurance Information Institute. Through this kind of insurance, each insurance company compensates its policyholder for minor injuries regardless of who was at fault for the accident.
Many states have revised laws, so this process is easier for innocent victims. This frequently allows the victim who was not at fault in the accident to be released from the responsibility of showing the other driver was at fault for the accident before they can receive compensation. This is referred to as personal injury protection in the no-fault insurance policy.
In an at-fault state, such as California, each insurance company pays for the damages sustained according to the degree of fault of each party. The motorist who caused the accident is responsible for the damages to whoever was injured. His or her insurance company will pay the injured victim but if the insured individual doesn’t agree with the amount of payout, he or she can file a lawsuit and seek uncompensated damages.
To help prove your case and to make sure you receive the compensation you deserve, it’s important to hire an experienced car accident attorney.
Because California isn’t a true no-fault state, you do have the option to sue if you’re involved in a no-fault accident that you feel the other driver caused.
To navigate complex driving laws and complicated insurance requirements, you need professional help. Contact us today to see how we can help you get the compensation that you deserve.
The Barnes Firm always urges drivers to exercise extreme caution on the roads, regardless of fault or no-fault laws. If you have already experienced an accident or injury due to a car accident in California, an experienced car accident attorney can help you get compensation for things like:
For more information on receiving compensation for a car accident injury, contact The Barnes Firm to for a free consultation with an experienced car accident attorney in Los Angeles, San Diego, or the Bay Area.
Explore Articles Related to Your Situation
Most of the time, personal injury claims are resolved once a settlement agreement has been reac...
read moreAbout Our Commitment To "Shelter To Soldier" Dynamic Nonprofit Recipient Brings Post-9/11 ...
read moreOn average, thousands of motorists are injured each year in New York & California alone. No...
read moreThose who’ve been in a car accident understand the struggle of dealing with insurance compa...
read moreWe are always available to discuss your case. Give us a call at (800) 800-0000.
Fill out our form and we will contact you shortly to discuss your case
Our attorneys will come to your home, office or hospital at your convenience.
We are available anytime, including after hours and
weekends.
420 Lexington Avenue
Suite #2140
New York, NY 10170
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
600 Old Country Road
Suite #425
Garden City, NY 11530
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
500 Pearl Street
Suite #700
Buffalo, NY 14202
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
451 Grider Street
Buffalo, NY 14215
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
28 East Main Street
Suite #600
Rochester, NY 14614
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
633 West 5th Street
Suite #1750
Los Angeles, CA 90071
Phone: (800) 800-0000
Fax: +1 (888) 800-7050
555 12th Street
Suite #1470
Oakland, CA 94607
Phone: (800) 800-0000
Fax: +1 (888) 800-7050
655 W. Broadway
Suite #940
San Diego, CA 92101
Phone: (800) 800-0000
Fax: +1 (888) 800-7050