Awkward as it may sound, there are car accidents that states classify as no one’s fault car accidents. Interestingly, these no-fault car accidents only occur in states that have no-fault insurance policies. However, in some other states, a driver is expected to have an individual accident protection arrangement coupled with their car insurance policy. This personal cover shall pay for the driver’s medical bills in the event a driver is involved in a car accident. In states with this policy, the causes of the accident are not as significant as the driver or drivers are solely responsible for the accident. This doesn’t mean that property damage claims are not involved in no-fault car accidents; they are. In this regard, in case another driver damages your car, your insurance company can help you repair your vehicle. Below are several issues that qualify a car accident as a no-fault accident:
Specific State Laws
A no-one’s fault accident can only occur in specific states that have no-fault policies. These policies influence how the auto insurance compensations are paid out to deserving victims. In these states, when a car accident is seen not to be explicitly one person’s fault, then the insurance company in question may share a certain percentage of the claim between the parties involved in the accident. The details of the accident at this point will significantly influence this decision. According to the information given by Houston car accident attorneys, if you are involved in a car accident in such a state where the no-fault laws apply, it is advisable that you contact your personal injury lawyers immediately. These attorneys can help you understand the cause of the accident and which parties should be liable for causing the accident.
A State’s Definition of Negligence
A particular state’s definition of negligence also determines the compensation features of no-fault car accidents;
For instance, some states use the definition of comparative negligence. In these particular states, when you are involved in a car accident, you can recover the expenses related to the accident from another driver if he/she is partly responsible for the accident. This compensation shall also be influenced by the degree of responsibility for the accident the other driver shall be found with. In that case, if compensation experts realize that the other driver has a 70% responsibility for the car accident you are involved in, the other driver’s insurance company can pay 70% of all your car repair charges and medical bills. In such a scenario, you will, individually or via your personal injury insurance cover, pay for the remaining 30% of the medical bills and car repair costs.
- For states that use modified comparative negligence, you may not receive any compensation from another driver if it is determined that you also have at least 50 to 51 percent responsibility for the accident. In such states, you will most likely pay for all your car repair costs and your medical expenses, too, despite another driver having a hand in the accident that involves you.
- Additionally, some states use pure negligence policies. If you live in these states, you will not receive any compensation if you are responsible for the car accident in the discussion. Even if your responsibility for the accident is negligible, you shall not receive any compensation from the other driver’s insurance company.
The Accident Details
When you file a personal accident compensation claim, the compensation agencies shall investigate the accident to find out as many accident details as there can be found. The company can also rely on local police reports of the accident and witness reports. The insurer can acquire information by interviewing all the parties involved in the accident. The insurance company can further assess the damages resulting from the accident by reviewing the photos of the accident. Based on the accident details, your auto insurance coverage, and the level of accident responsibility, you can receive payments accordingly. You can also receive compensation from the other parties-to-the-accident’ insurance companies.
It is important that you research and know the states that have no-fault car accident policies. This understanding can help you file a compensation claim accordingly in case you are involved in a car accident. Your personal injury attorneys are also significant in car accident cases. They can help you understand the procedures for filing a compensation claim. Remember, the state laws greatly influence the claim payout you will receive based on their definition of negligence. The accident details are also important in a no-fault car accident. They can help the relevant insurers gather sufficient information to determine fair compensation for the parties involved in an accident. Other vital things to remember are; some states have no-fault laws while others do not. States use three types of negligence, and fault determination in a car accident determines whether or not you will be compensated.