No-Fault Laws: The Financial Impact on Accident Claims
No one walks out of their front door in the morning with the thought that they’ll be in an accident before the end of the day. Sadly, since the average person has to file an auto accident claim once every 17.9 years, this belief often ends up being inaccurate. Luckily, insurance laws usually mean that a negligent party whose actions result in injury will have to provide compensation to those they’ve injured. In a few states, however, known as no-fault states, this rule becomes complex and even a little murky.
What are No-Fault States?
No-fault states are areas in America whose insurance laws are a bit more complex than the majority of state statutes. In these states, a person’s own insurance company will cover their damages if they’re involved in a car accident. This means that, even if Subject A is in an auto accident caused by Subject B, it is Subject A’s insurer who will provide compensation for injuries suffered.
While this may seem like an unfair scenario, it’s actually meant to make life easier on a majority of people. For the accident victim, it reduces the need to go through lengthy trials for compensation. Likewise, insurance companies may benefit from this setup since they’ll also often avoid legal fees. Unfortunately, no-fault insurance policies usually only cover property damage and medical bills, and this can become a detriment when pain and suffering and other damages also occurred.
Can Lawsuits ever be Filed?
Luckily, living in some no-fault states doesn’t necessarily bar a person from bringing forward a lawsuit. In Florida, for instance, an injured party can file a claim against a person’s insurance for pain and suffering, emotional distress, wrongful death and a variety of general damages. Whether a car accident attorney Orlando, FL or Tampa, FL is needed, retaining legal representation would be necessary to maximize such a claim in a no-fault state.
States that allow these lawsuits to take place do so because legislators realized that there are often serious losses that aren’t covered with reimbursement for medical bills or property damage. Those who are involved in only minor car accidents with non-serious injuries may easily benefit from the no-fault insurance structure, but those who face serious injuries are lucky to still have a legal option for litigation.
Increasing Chances of Success
There are a variety of ways that a person can increase their chances of winning a lawsuit in a no-fault state. It’s first essential that they seek out medical care immediately. There will need to be records that a serious injury occurred if a person hopes to recover additional compensation. It’s also important to follow any instructions for treatment that a doctor provides. A person who ignores a doctor’s orders will open the door for the defendant to claim injury was caused by a person negligently ignoring their physician.
It’s also important for a person injured in a no-fault state to seek out an attorney. While legal help is essential regardless of what state a person lives in, the complex nature of the laws in no-fault states make them especially important. Whether a person is filing a claim for pain and suffering or loss of enjoyment in life, a legal professional can expedite the process and ensure that their client gets a fair deal.
Being involved in an auto accident is always a stressful situation, but sadly, no-fault laws can make these events even more disheartening. Luckily, the option still exists in some situations for a person to recover all of the financial compensation that they deserve. By following the aforementioned tips and seeking out a skilled attorney, even a person in a no-fault state will be well on their way to recovery.
Lisa Coleman shares some tips about the financial impact that no-fault laws can have on an accident claim. She recently read online how a car accident attorney Orlando, FL based could assist with such a claim.
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Category: Car Insurance
