It can be incredibly stressful to go through the process of understanding what to do after an accident: contacting your auto insurance agency and proving that an accident is not your fault is often a difficult task. Before doing so, you should make sure you understand the difference between a no fault car accident system versus a fault system, which will have a significant effect upon how your case will be treated. Different states fall under different sides of this system. Keep reading to find out more about the Fault vs. No Fault System and what your state is.
Fault States: Damages Paid According to How Those Involved Are “At-Fault”
In most states of the United States, there is a system that is fault-based, also known as “tort liability” systems of auto insurance. This means that in a fault-based systems, insurance companies pay according to the degree of fault of each party. If an accident is determined to be completely your fault, you and your insurer will be responsible for paying for all damages on an insurance claim.The difficult portion of this system is that when you and your insurer cannot agree about your claim, you might have to file suit for what is known as uncompensated economic damages. This will cover any medical expenses, lost wages, and non-economic damages involved, such as pain and suffering that is caused by the proceedings.
No-Fault States
In some states, policymakers have made it possible for the state to change the typical Fault System, such that a good driver does not have to prove whose fault a crash was before getting money from an insurance agency. The insurance company then takes care of rehabilitation costs, lost wages, and medical bills. This is in an attempt to get rid of many long and costly court proceedings that fall under the tort system.The downside is that an injured driver is not able to sue the other party involved in the car accident for emotional distress, inconvenience, and pain and suffering, except in cases where his injury is "severe" or "serious" as defined by the law. Serious injuries generally include those that are disabling or disfiguring or those that are permanent.
What Are the No-Fault States?
Now that you understand the different between the Fault vs. No-Fault Systems, you will have to determine which system applies to you. Below is a list of the 12 No-Fault states.
- Florida
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New York
- North Dakota
- Pennsylvania
- Utah
Getting Legal Help
Contact your auto insurance agency to learn more about how these specific systems will apply to you and to learn more about what to do should you be involved in a car accident. You should also consult with an experienced accident attorney who can explain your right to recovery to you and who can help you throughout the process of making a claim and recovering for your car accident damages.
