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If You Are At Fault In An Accident
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What Happens After An Accident
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When two or more vehicles are involved in an accident, it is difficult to determine who is responsible for the accident. But determining fault is critical to insurance claims. After all, ideally, the person responsible for the accident should be the one paying the related expenses. However, this is not always the case, as fault is difficult to prove and affects claims and payments.
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Each state has its own laws that deal with insurance claims after an accident. In a no-fault state, Personal Injury Protection (PIP) insurance covers any no-fault driver’s medical bills and lost wages after a collision. Contrary to popular belief, no-fault status does not mean that no one is found guilty of an accident. Drivers in no-fault states still have liability insurance, and if they are at fault in an accident, they can hurt others.
The fault of the accident is determined in the case of fault (violation) and in the case of no fault. The difference between tortious and no-fault status is actually less than most people think.
In the event of a tort, the at-fault driver’s property damage liability insurance pays for the repair costs of the other party’s car, while personal injury liability insurance pays for their medical expenses, up to the policy limit.
When an accident occurs in a no-fault situation, liability is still determined. The main difference is who pays for the medical bills. In a no-fault state, all drivers are required to carry PIP insurance (in addition to basic liability insurance), which pays for medical bills and lost wages regardless of who caused the accident. On the downside, PIP insurance significantly increases the cost of auto insurance, which is one reason why insurance in no-fault states is often more expensive than insurance in at-fault states.
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In most states of the United States, a minimum amount of auto insurance must be purchased to legally drive. This usually includes bodily injury liability and property damage liability. In a no-fault insurance policy, one must add PIP coverage – also known as no-fault insurance. In the event of a fault, you will have to file a claim with the at-fault party’s insurance company for medical expenses. But in a no-fault state, you can file a medical expense claim with your insurance company, no matter who is responsible. PIP replacement also covers lost wages due to accident injuries up to your PIP policy limit.
The deciding factor here is negligence. When fault is difficult to pin down, insurers often resort to driver negligence. If you are found to be at least 50% ineligible, your rates and claims payments will be affected. Also, filing a claim under a no-fault insurance policy does not mean you will receive a settlement, and even if you do, your compensation may be limited. In a no-fault insurance policy, you can claim additional damages, but you cannot do so under no-fault insurance.
No-fault insurance serves two purposes: to save time and money (often involving a lengthy claims process) and to reduce the likelihood of a lawsuit. Litigation and lengthy claims procedures can lead to high fees and wasted time, often delaying settlements. In a fault-free state, PIP pays instantly without fault.
Because PIP pays regardless of who is at fault, it is rare for one party to sue the other. No-fault insurance allows for prosecution in some cases, but these are quite limited. Receiving PIP payments before a fault is determined can also help the injured party financially to seek medical care immediately after the accident.
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In auto insurance law, negligence means fault. If you are a negligent driver, your insurance will pay based on the type of coverage available to you. In a no-fault state, this will not cover medical expenses previously covered by PIP. Depending on what type of insurance you have, you may be out of coverage and have to pay part of the cost out of pocket. anecdote
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