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What Is No-Fault Insurance?

The attorneys at our law firm have experience handling car accidents and personal injury cases involving no-fault insurance. We know that the legal requirements and regulations regarding your insurance can get very confusing. Our goal is to navigate the complexities for you and get you covered for all of your damages. Contact us today at (877) 746-4275.

How No-Fault Insurance Works

No-fault insurance can be confusing to understand completely. To put it as succinctly as possible in layman’s terms, an injured party looks first to his or her own insurance for the payment of basic economic loss benefits which may include, medical expenses, wage loss, replacement services, and/or primary homemaker claims.

No-fault or personal injury protection (PIP) benefits are separate coverage from property damage and bodily injury liability coverages, which only cover damages done by the at-fault motorist. They cover vehicle repair costs, non-economic loss, like pain and suffering, and other related expenses for the other party involved.

Personal injury protection (PIP) is the central part of no-fault insurance. Instead of filing a claim or suing the at-fault party for your injuries, your insurance will cover the costs. The amount of coverage you will need is dependent on the state you live in.

What Does No-Fault Insurance Cover?

No-fault insurance covers the following:

  • Hospital visits and medical treatment
  • Prescription medicines
  • Physical therapy
  • Prosthetics
  • Substitute services
  • Lost wages
  • Funeral expenses in the event of wrongful death

Remember, no-fault insurance does not cover damages to property. You will need to pay for additional coverage for insurance to pay for those expenses. Typically, if you suffered any damages to your personal property or your vehicle, you can also file a claim to get compensation.

Can You Sue for Additional Compensation?

Yes, you can, but this depends on the state you live in and many other factors.

Whenever your medical bills exceed the amount of compensation your insurance provides you, you will have to pay for those out-of-pocket. Instead of paying for the negligence of others, you may file a claim instead to cover the costs. You can negotiate or go to court to reach a settlement that pays for your treatment as well as any pain and suffering.

To do this, you need to prove that your injuries were severe and that the driver was negligent in their actions. You may also need to exceed your state’s monetary tort threshold to file a claim for your injuries. Getting started on a claim may seem confusing, but you don’t have to do it alone. Our lawyers are ready to assist you and help you get started.

Downsides to No-Fault Insurance

No-fault insurance is known to be unpopular in many of the states that require it. While there are some benefits to having no-fault insurance, there are key downsides.

For one, premiums are higher. States such as New York, Michigan, and New Jersey have some of the highest average auto insurance rates in the entire country.

Many drivers also already have health insurance. They do not see the need to drive with no-fault insurance if they already have health coverage that covers them. By paying for no-fault insurance, they pay for double coverage that they don’t even need.

States that Require No-Fault Insurance

Most states are at-fault instead of no-fault. According to the Insurance Information Institute (III), there are 12 states and one territory that require no-fault insurance for all drivers:

  • Florida
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Utah

In addition to these states, there are also ten states where no-fault insurance is optional. They are:

  • Arkansas
  • Delaware
  • Maryland
  • New Hampshire
  • Oregon
  • South Dakota
  • Texas
  • Virginia
  • Washington
  • Wisconsin

Each state has different rules and regulations in regard to its insurance policies. Trying to navigate your case through all of the federal, state, and local laws can become a huge obstacle when pursuing compensation. To get the most accurate information on what to do, it is best to contact a lawyer.

Get Help from Our Law Firm Today

We are a nationally recognized law firm that has helped thousands of clients pursue justice. For more than four decades, we have built a strong reputation of standing up for our clients through the hardest of cases. Our knowledge and experience set us apart from the rest. Contact us today for a free consultation. You can reach us at (877) 746-4275.