Injured In A Car Crash With No Fault Insurance? Know These 3 Things

17 August 2020
 Categories: , Blog

Were you injured in a car accident, but the state that you are in has no-fault insurance? If so, you're likely wondering how this will affect your overall injury compensation. Here is what you need to know about this particular legal situation.

What Is No-Fault Insurance?

No-fault insurance laws were designed to ensure that all motorists are covered if they get into an accident as long as they have insurance. That is because the insurance covers your vehicle and the damages you sustained, rather than depend on the other driver's insurance. However, it leaves some questions as to how you can receive pain and suffering damages in an accident where the other driver was responsible. There are also limits on lost wages that you can recover. 

What Is PIP Coverage?

Personal injury protection (PIP) coverage is what your insurance company will pay out if you are injured in a car accident. However, your state has laws regarding how much this coverage will be. Some states will offer varying amounts of coverage for a different monthly semi-annual premium, while other states have flat PIP coverage no matter how much you want. 

The trick to using PIP coverage is knowing when to use it to pay your medical bills. For example, if you suffered a major injury that you know will exceed your PIP coverage, you may want to prevent your insurance company from paying these bills. You'll want to direct your health insurance to first pay for medical bills so that you receive negotiated rates, and then use PIP coverage to cover anything that your health insurance doesn't cover. 

Can You Sue The Other Driver For Damages?

Even though no-fault insurance is designed to prevent lawsuits, it is possible to sue the other driver for your out of pocket expenses related to your accident. This is known as requesting a mini-tort, and can only be requested if the other driver holds the majority of the responsibility of causing the accident. Each state has their own limit on how much can be recovered through a mini-tort, but it may be enough to cover your deductible and various out-of-pocket expenses associated with your injury.

As you can imagine, injury law is not always easy for the average person to navigate. Consider working with a personal injury attorney to navigate how to handle your injury claim in the best way possible. And, if you have additional questions that were not answered here, contact a personal injury attorney service in your area.