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What is at-fault and no fault states?

What is at-fault and no fault states?

States in U.S. has different basis on determining who takes the liability in an accident. It is identified as no-fault and at-faults states, these are two completely different ideology but both of these can drastically affect your claim and at what extend can your lawyer do for your filed claim, potential direct affection to how much compensation you may get is also affected depending on states' laws. So what are No Fault states and Fault States and what are their differences?

No Fault States

No fault states laws states that drivers' insurance should cover their client's expenses to own injuries and property damage rather than suing the at-fault driver for a compensation pay. Both sides, whoever caused the accident, when they are injured, they are solely allowed to file a claim against their own insurers.

Some no-fault states include Hawaii, Florida, Kentucky, Kansas, Michigan, New York, and Utah. Though, Kentucky, New Jersey and Pennsylvania are also called “choice” states because drivers have freedom to choose between an at-fault or a no-fault policy when filing a claim against insurance.

Fault States

On the other hand, fault states means that damages, injuries and property, or collectively as liability, is charged against the driver who instigate the car accidents. For fault states, they have tort liability system and the insurer of the driver who caused the accident is accounted for damages and should cover any financial demands by the victim accordingly.

Most American states are fault states, identified as not mentioned above when it comes to car insurances. States follow the tort liability system as each insurance company covers all type of damages mentioned by the victim or determined victim by level of fault.

In extension, if the individual who has an insurance filed against with won't agree or settle for less by victim's insurance company, the victim is entitled to file a lawsuit and can add more complaints such as uncompensated economic damages (consists of medical expenses, potential lost wages) and non-economic damages (consists of physical pain, suffering, mental damages).

Summary of their Differences

To save your time from reading, the summary of their differences of at-fault and no-fault type of insurance policies from various states is how the victim can exercise his right to sue and how is the driver who caused the accident is treated and lastly, how damages are financially settled.

Ryan LLP

Ryan LLP is an experienced injury lawyer based in Cleveland, Ohio. They have more than 40 years of experience with civil litgation. Asking for an assistance from their firm about what rights you have to exercise when you are in an at-fault state such as Ohio. Call our office now for free legal consultation.