How Fault Affects Monetary Recovery for Car Accident Injuries

Are you wondering how fault affects you monetary recovery for car accident injuries? Have you been involved in a car accident recently and are you trying to understand who is to blame for the accident. It is important to understand fault in order to determine who is legally responsible for monetary recovery after the accident.

What Is "fault" and Who is at Fault?

Sometimes after a car accident, it can be confusing to figure out who is to blame for the damages that have been caused. Under the law, the person who was responsible for causing the accident is considered to be at fault. This means that the person is legally liable as a result of his negligent behavior causing the accident, and as such, he must pay the other person's damages. Legal liability or fault is determined by evidence from the scene of the accident. For example, police reports and witness testimony can help in determining who was at fault.

Since it is rare that one person is completely at fault, most states have instituted comparative negligence rules. This means that if someone is 90 percent responsible for an accident but you are 10 percent responsible, you can still recover your damages. Those damages are just reduced by the 10 percent of the fault that belongs to you.

What is the Difference in Fault and No-Fault States

While in the vast majority of states, the person at fault can be sued in tort, some states take fault out of the equation. In the 12 no fault states in the US, the “blame” is placed on whoever is considered most “at fault” for causing the accident. However, each individual party recovers their medical injury damages from their own insurance company, and "fault" only comes into play in certain instances where you are permitted to sue.

Suing in a No Fault State

The benefit of living in a no fault state is that you know your insurance policy will protect you should you be involved in an accident. In fact, you will be able to get money under your insurance policy whether or not the accident was your fault or not. The further benefit is that you will get immediate medical treatment no matter what. However, you will not be able to recover for all of your damages. Your insurance company will only pay actual damages. If you want to recover for non-economic or general damages, you can sue only if those damages exceed a certain level (usually $250,000 USD). Usually, in no fault states, the general damages must be “serious” (in some cases, fatal) in terms of pain and suffering and loss of service.

Which Are the No Fault States?

You should be aware of whether or not you live in a no-fault state. These states include Hawaii, Florida, Kansas, Massachusetts, Michigan, Minnesota, North Dakota, New York, and Utah. You have a choice of buying a tort policy, which will provide the option to file claims and you retain your right to sue, in the following states: Kentucky, New Jersey, Pennsylvania. The District of Columbia also operates as a “choice state.”