Why "Fault" Is Still A Factor In No-Fault Claims

Posted on: 20 October 2021

When you live in a state in which cars are insured by a no-fault insurance system, you might assume that nobody is at fault after a car accident. However, this actually isn't true. There will still be an at-fault party responsible for the accident, but a no-fault insurance claim is handled in a different manner.

No-Fault vs. At-Fault Insurance States

When you are in a no-fault state, you will file a claim with your insurance provider when you are injured as a result of an accident. Your insurance provider will then pay for your medical bills regardless of whether you are at fault. However, if the other party is at fault, there are some cases where you may still take legal action against them.

One example is when you may file a lawsuit is if you would like to seek compensation for pain and suffering. If you are able to prove that you experienced pain and suffering as a result of your accident, you may be entitled to compensation.

You will also be able to take legal action if your damages are so high that they will not be covered by the policy limit of your no-fault insurance provider. Then, you will be able to pursue the assets of the other driver.

How to Take Legal Action Against the Other Driver

To be able to take legal action, you must first file a claim with your insurance provider. Fortunately, you will then receive compensation and will be able to direct financial resources toward your next battle. You will need an attorney to investigate how the accident happened and gather evidence to prove that the other party is responsible for the accident.

For example, your attorney might work with an expert witness who will examine the scene of the accident and determine that the other driver was asleep at the wheel based on the condition of the road after the accident.

How to Determine the Compensation You Deserve

Your attorney will also need to help you calculate the damages you have suffered so you can begin to negotiate a settlement with the other driver. For example, you can determine pain and suffering by using a multiplier value that each party agrees to.

To be able to reach a settlement, the defendant will need assets that you can pursue. At this stage and every other stage of the process, an attorney will be able to help you.

For more information about no fault claims, contact an attorney in your area.