‘Location, location, location!’ is a much-used mantra to epitomize the top priority when buying a property.
It’s equally important when it comes to securing damages in a no-fault car accident. Here’s why it matters so much.
1. Understanding No-Fault Laws
These laws have come into effect in around a dozen states. They limit sources of financial recovery after a vehicle accident. They’re designed to make claims simpler and quicker because the issue of fault is, to a greater extent, removed.
In no-fault states, every driver has a duty to insure themselves against potential injuries and damages. In most cases, the issue of fault is no longer relevant.
The first and preferred source of recovery would be through your own mandatory Personal Injury Protection (PIP) policy.
2. Suing Another Driver
Lawsuits in no-fault states are permitted for injuries which meet a certain threshold. To complicate things, the definition of this varies among the no-fault states.
An injured person may be able to sue if the claim exceeds either a monetary or verbal threshold.
3. The Different Thresholds
In states which have a monetary threshold, medical expenses must be over a certain dollar amount. Economic thresholds are much easier to analyze and estimate than physical injury thresholds.
In states which have a verbal threshold, injuries must be relatively severe. These could include things like the loss of use of a body part, disfigurement or permanent disability. It’s wise to use accidents doctors who specialize in these kinds of cases.
This kind of threshold can also be expressed in terms of time, with the length of the disability having to be more than a hundred and eighty days.
4. No-Fault Car Accident Claims Are Quicker
One of the aims of no-fault laws was to reduce the number of auto negligence suits filed in state court. These cases can be long and costly.
Although no-fault laws are a little restrictive, they do have another purpose. If you only suffer minor injuries, you will be covered by your own insurance.
An insurance claim is normally much more straightforward than a lawsuit. This means that any payment related to your claim is going to happen much more quickly.
Insurance companies may dispute some aspects of your claim. It has been known for injured parties to sue their own insurance companies for payment of no-fault benefits. Generally speaking though, no-fault laws make things easier.
5. Passengers Who Make Claims
In the twelve no-fault states, the injured party would file a claim under the driver’s PIP insurance coverage.
In fault-based states, a passenger’s car accident injury claim is like any other type of car accident case.
The passenger would likely want to make a claim against both drivers, assuming it was a two-car accident. The two insurers would then come to a decision over fault and responsibility and ultimately, who, if anyone, pays compensation.
Getting Things Sorted Quickly
If you’ve been involved in an accident then you’ll want things settled quickly and fairly. Much may depend on where you live and whether the state has no-fault car accident laws.
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