Traffic Accidents in No-Fault States

Many people are familiar with the traditional model of vehicle insurance where one party is deemed by the system to be at fault and, in turn, has to pay (or rather, their insurance has to pay) for the damages caused by the collision. However, many States are now beginning to leave this model behind and move to an insurance model known as “no-fault”.

The reason this system was implemented was because the old system of insurance was taking up too much time and money in the court system. Parties were suing to find the other at fault and suing for damages. No fault insurance eliminates this problem.

So far, the states which have no-fault insurance include: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

The “no fault” part of the insurance refers to personal injury. Under this type of insurance you can be paid immediately rather than having to establish blame in the accident. However, suing for mental anguish and pain and suffering is not allowed under this type of insurance. Many people frequently attempt to gain extra benefits by suing under the old models of insurance for these types of benefits. The idea of no fault insurance is to provide the immediate healthcare that people need and aid in eliminating, in the eyes of the state, pointless lawsuits.

Different states do have different no-fault laws however. From state to state, there are different regulations and some may still allow you to sue the other party, even under no-fault circumstances, as long as certain criteria are met. These might include either the monetary value of the medical bills you are faced with, or the determined severity of the injury you have suffered. An experienced attorney will be able to discuss your options with you in much more detail and it is always wise to consult with an attorney in these situations.