Nearly half of all the states that introduced no-fault car insurance laws have already repealed them, but there are still a dozen states that have no-fault insurance still. It is important then to learn where no-fault insurance is in effect, to understand its limitations, and to know what you can do about its shortfalls.
Here are the states that have no-fault insurance, or Personal Injury Protection (PIP) of some kind:
District of Columbia, Florida, Hawaii, Kansas, Kentucky, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.
Ideally, no-fault insurance is meant to simplify the process of getting compensation after a vehicle accident, ridding the case of such complicated processes as proving liability. Supposedly, this is supposed to make insurance more affordable too, though this has not been the case. Instead of apportioning compensation according to who is at fault for the accident, there will be a straightforward payout of compensation from an insurance company for medical expenses and wages lost, up to the limit of one's policy. There is no hassle over negotiating the percentage of fault, and compensation should come quickly. Unfortunately, property damage, such as a totaled car, will not be covered by no-fault insurance in most cases. While no-fault coverage is rather restricted in what it can accomplish, there is the option of filing an additional claim.
But as for no-fault coverage, there are several things that it will not do. An injured person will literally see only their medical costs and lost wages compensated; there is no settlement for pain and suffering, loss of enjoyment, etc. And then there is the fact that the compensation for medical and work damages only reaches to a certain amount, according to the policy. This means you will probably not be fully compensated, as the cap on compensation will probably be lower than your actual losses.
Do you know if you have this type of insurance? Find out, and if you do have PIP, then you should file an injury claim that reaches the limit of your policy. Then you can pursue the remaining costs through other legal avenues. What you can you do about the damages you cannot recover? You still have the option of filing a liability claim, even a lawsuit against the person responsible for the accident. Through these claims, you could recover compensation for general damages, such as pain and suffering.
Now state law will definitely come into play at this point, as it will determine if you can pursue a liability claim, and when you can do so. Some states require that you reach a certain amount of monetary damages or severity of injuries before you can file a liability claim. There are some states where both monetary thresholds and serious injury thresholds exist, but only one of these have to be reached.
Even though no-fault insurance is supposed to make for a streamlined process, this is often far from the case, especially in serious accidents where you will need more compensation than an insurance company can provide. As many state laws vary in how and when to get the compensation you deserve, it would be invaluable to work with a legal expert on the matter. If you need to find out whether you are able to file a liability claim, be sure to consult a car accident lawyer. If you want to know how strong your case is, and how much you could collect in compensation, legal counsel can help you there too. When you need to pursue your rights through no-fault insurance, and especially when you need to file a liability claim or lawsuit, be certain to find the right car accident attorney today!