Fault in an Accident Is an Important Concept

No Fault Accident

An accident, as the name suggests, usually happens without intent, but that does not mean that nobody is responsible for it. Auto accidents happen every day, and each time one occurs, the investigation begins to figure out what happened. In determining why the accident occurred, experts will also determine who was at fault.

While it may seem like a straightforward idea of someone being at fault or not, it is usually more complicated than that. Fault in an auto accident rarely falls on only one party. Someone can be more at fault, and in rare cases, it is actually only the fault of one driver, but coming to this conclusion doesn’t happen quickly or easily most of the time.

To complicate matters, each state has its definition of fault. Some states do not even recognize fault. These no-fault states don’t allow placing blame on anyone, even if there is a guilty party. This can make for complications when it comes to seeking damages and recovering from an accident.

An attorney is the best person to consult if you live in a no-fault state and feel you have a potential court case. Your attorney can guide you and help you to understand the applicable laws.

Fault vs. No-Fault Accident

Most states use the concept of fault in auto accidents. They allow a court to assign responsibility or a percentage of responsibility to one party in the situation.

In a state that allows fault, the person who is liable will have the responsibility of paying for the damages incurred in the accident. The non-liable party can then collect these damages by making insurance claims or taking the liable party to court.

In a no-fault state, everyone is responsible for their damages regardless of who is liable for the accident. No-fault states include:

  • Utah
  • Pennsylvania
  • North Dakota
  • New York
  • New Jersey
  • Minnesota
  • Michigan
  • Massachusetts
  • Kentucky
  • Kansas
  • Hawaii
  • Florida

The idea behind no-fault laws is to help keep auto insurance rates down by preventing needless court cases involving auto accidents. Therefore, it is very difficult to bring a lawsuit in a no-fault state. While they do not completely remove your ability to sue for damages, they do limit them. The most common limitation is the serious injury threshold, which you must meet before you can take your case to court.

Serious Injury Threshold Explained

Each no-fault state has its own rules about going to court with your accident claim. Most of them require that your damages meet a certain amount. Often, states call this a serious injury threshold.

The serious injury threshold may vary from state to state. For Florida, for example, the threshold is that you must suffer specific injuries to file a court case. These include:

  • Permanent scarring or disfigurement that is significant
  • Death
  • Permanent injury
  • Permanent loss of a significant bodily function

If you meet the threshold, you can operate under tort laws, which allow you to sue for economic and non-economic damages.

Another example is New York. The threshold in this state requires you to have one of the following occur as a result of the accident:

  • Permanent damage to your body that results in loss of use or limitation of use
  • Bone fracture
  • Significant disfigurement
  • Loss of an unborn child
  • Death
  • Any injury that prevents you from continuing regular daily activities for at least 90 days
  • Dismemberment

You must provide complete certified medical evidence of your condition in court to prove your case and receive damages.

The Role of Insurance in a No-Fault Accident State

In a no-fault state, your auto insurance is critical since it’s your insurer who will handle claims for any losses you suffer after an accident. This makes it essential to ensure you have adequate coverage to handle potential expenses that might arise.

Along with basic coverage, you’ll also want comprehensive collision insurance to cover damages to your vehicle. These additional coverages offer financial protection that can make a significant difference if repairs or replacements are needed.

No-fault states also require you to carry personal injury protection (PIP). PIP covers your medical expenses and often provides compensation for lost wages, focusing on your recovery rather than others involved in the accident. This well-rounded coverage helps prevent financial strain, keeping you secure after an accident.

How an Attorney Can Assist in Your Case

All no-fault accident states set their limits on when you can and cannot file a lawsuit. It can become confusing to try to figure out if you have the right to go to court if you live in one of these states. An attorney knows the laws to be able to help you determine what you should do.

Your lawyer can also assist you in dealing with your insurance company. Since your insurer will be the first to handle any claims, you need someone to help you navigate this process.

Ideally, when you claim an accident, your insurer would pay you according to your policy. However, that often doesn’t happen. Insurance companies want to limit the amount of money they pay, so they will try to offer you settlements that are nowhere near what you should get.

Your lawyer can work through your case and negotiate with the insurance company to ensure you get what you deserve. If you later decide you need to go to court, then your attorney is right there with all the information needed to build a solid case that will help you bypass the serious injury threshold and have the ability to plead your case in court.

Work with an Experienced Local Lawyer

You’ll want to work with a local lawyer who understands your state laws and who has experience with auto accidents. It is also important to contact an attorney as soon as possible after your accident so that you have proper representation right from the start.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.

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