No-Fault State: How Does It Affect Car Accident Cases?

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According to ConsumerShield, over five to six million car accidents happen in the United States every year. 

Being in a car accident can be a terrifying experience. Aside from the physical harm and property damage, you might find yourself confused about the legal aspects, especially if you’re unfamiliar with the term “no-fault state.”

An Englewood personal injury lawyer states that if you have been injured in an accident caused by another driver, you may face a challenging process for filing an auto insurance claim as well as personal injury proceedings.

Learn what it means to live in a no-fault state and how legal representation can help you pursue the compensation you deserve.

Understanding No-Fault Insurance

It is important to understand the concept of no-fault insurance if you are in a state with such laws. Basically, this type of insurance covers your medical expenses and lost income, regardless of whose fault the accident is.

You’ll file with your insurer and not with the other driver’s. This generally simplifies the whole procedure. You should take note of your limits, as they can vary widely from one policy to another.

Damages cannot usually be sued against the other driver unless certain thresholds of injury are reached. This is done to lessen the burden on courts and bring about swifter payment.

You must, therefore, be aware of the state in which you are driving; if you have an accident in a state that follows a fault-based approach, the person responsible for causing the accident will be liable for paying the damages. 

Is Louisiana a no-fault state like other states? Louisiana is, actually, a fault-based state so you have to gather evidence at the scene and speak to an attorney, especially if you were injured.

Key Benefits of No-Fault States

No-fault states come with several benefits for the drivers involved in accidents. An injured person can be compensated for current medical expenses and wages lost directly, no matter who caused it.

The claims procedure is simpler and faster, reducing stress during a tough time. There are fewer fault issues in this method, making resolution easy for everyone. Drivers recover instead of fighting the law. 

The no-fault system can prove to work for the lowering of insurance premiums in general, thus making it an affordable choice for many. These factors carve out a safe space for comfort and financial support after an accident occurs.

Limitations of No-Fault Coverage

While no-fault insurance streamlines the claims process, there are some restrictions that might work against drivers involved in motor vehicle accidents.

One important restriction is that recovery is limited only for select damages such as medical bills and lost wages. Pain and suffering might not be compensable unless some statutory threshold is met.

There is a restriction on suing the other driver, which can be frustrating if said driver negligently caused you some real damages. Most no-fault policies have benefit arbitrations above which you must pay out of pocket if your damages are greater.

Recognizing the limitations becomes important in effectively dealing with your car accident claim in a no-fault state.

Steps to Take After a Car Accident

What can you do after an accident to influence the outcome of your particular situation? Check for injury and call emergency services if needed.

Make sure all people are safe, and if the accident happens in the middle of traffic, shift the offending vehicle to the side to clear the road. Exchange information with the other driver, like names, telephone numbers, and insurance information.

Take pictures of the scene, damages to the vehicles, and visible injuries. Also, obtain contact details from any witnesses. 

Report the accident to your insurance company as soon as practically possible and provide your insurer with all information required in relation to the accident. 

Keep a record of any medical treatments or other expenses that arise from the accident. Such steps will effectively help you facilitate the post-accident situation and prepare you to file any claims.

After an accident, it can be hard to know when to sue, especially if you’re unsure of your injuries and damages. 

Whenever the costs of your medical treatments exceed the threshold of your no-fault coverage or you suffer grievous injuries, you should start looking at the legal avenue. 

If you experienced significant pain and emotional distress, or if the other party acted negligently, you may consider filing a lawsuit. Collect whatever evidence you can – these might include police reports and medical records. 

Consult a personal injury attorney anytime; professional counseling would be of great help to weigh in on your particular case.