Trying to figure out who was at fault in a multi-vehicle collision may be difficult. And, once you take into consideration a no fault state, then things can be even more complex.
When it comes to insurance claims, determining who is responsible is critical. After all, the person or entity responsible for the accident should foot the bill.
Fault may be difficult to show, therefore this does not always apply, and it has an effect on the size of the claim and the amount paid out. With Florida being a no-fault state, you’ll want to know what that means when you’re in a car accident.
So, read on for our full breakdown of everything you need to know about getting in a car crash in a no fault state.
Understanding the Basics of a No Fault State
In both blame (tort) states and no-fault jurisdictions, an accident’s cause is established. There are very fewer distinctions between tort and no-fault jurisdictions than many people think.
While property damage liability insurance pays for the other party’s automobile repair costs, bodily injury liability insurance compensates for the injured party’s medical expenditures up to policy limitations in states where tort law applies.
Even in no-fault states, culpability is still apportioned in the event of an accident. The most significant distinction is in regard to who is responsible for footing the bill for medical care. No-fault states mandate all drivers to have PIP coverage (in addition to standard liability insurance), which compensates for medical bills and lost earnings.
This applies regardless of who was at fault for a crash. Auto insurance premiums in no-fault jurisdictions tend to be higher than in tort states since PIP coverage drives up the cost of the policy.
What Does No-Fault Insurance Entail?
To be able to drive lawfully in the majority of states in the United States, you must have the bare minimum of vehicle insurance.
This often covers physical injury and property damage liabilities. PIP (also known as no-fault insurance) is required in a no-fault insurance policy. The negligent party’s insurance company will pay for your medical expenses if you live in an at-fault state.
In a no-fault state, on the other hand, you may make a claim for medical expenditures with your own insurance, regardless of who is to blame. Up to the limits of your PIP insurance, PIP also covers lost income as a consequence of an accident injury.
Negligence is the decisive element in this case. When it’s difficult to determine who’s responsible, insurance companies often rely on evidence showing the motorist was negligent. You’ll see an impact on your insurance premiums and claim payment if you’re determined to be at least 50% at fault.
No-fault insurance does not guarantee a settlement, and even if you do get a payment from your insurer, it may be restricted in scope. Additional pain and suffering damages may be claimed under an at-fault insurance policy, but not under no-fault insurance.
In short, you’ll want to have qualified lawyers on your side like the Car Crash Injury Law Firm to ensure that your case is solid.
Determining Negligence
As a legal term, carelessness equates to blame in the context of automobile insurance.
If you were to be found at fault for an accident, your insurance company will make a payment depending on the kinds of coverage you have. Medical expenditures that are currently covered by PIP will not be paid if you live in a no-fault state. Depending on the amount and kind of insurance coverage you have, you may have to pay some of the bills yourself if you go over your coverage limitations.
Negligence cannot be shown only on the basis of anecdotal evidence. Official police reports are often used by insurance companies in their investigations into the cause of an accident.
Other Considerations for No-Fault States
Be aware of your state’s no-fault policy if you reside in one. This is a question that may be researched online and confirmed by contacting insurance companies in your state.
No-fault insurance is available in Florida, Kentucky, New Jersey, and Pennsylvania. If a driver may select between a no-fault and an at-fault coverage in their state, this rule applies. It is possible for the driver to make this decision when purchasing their coverage.
No-fault is not an option if they pick conventional tort.
Tort Insurance
When it comes to tort insurance, the law assigns “responsibility,” which means that the person at blame is accountable for all medical expenditures, pain, and suffering, as well as damage. It’s possible that you’ve heard the term “at-fault” to describe this form of insurance.
Auto accident claims are not barred under this arrangement, and it makes no distinction as to who was at fault for the accident.
However, even if an insured driver’s insurance policy has reached its maximum coverage, he or she will still be responsible for the rest of the damages. Tort liability is now enforced in 38 states (all of which are not no-fault states).
What Should You Do After Getting Into an Auto Accident
The first thing to do following an accident is normally to contact the police and make an official report. Once you’ve done so, you may wish to contact your insurance provider and explain the situation.
As a driver, you’ll generally want to avoid making assertions regarding blame if you’re talking to the other motorist. After that, you may determine whether or not a claim should be filed. You may not be required to do so if there is no harm.
Simplifying No-Fault Regulations
Auto accident regulations in no fault states vary from those fault-based ones. And, since the “legalese” can be a bit much, we hope that our guide has simplified what a no fault state is all about.
Next, you’ll want to check out our legal section for more tips and advice on taking your case forward.
