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Two major differences between fault and no-fault accident claims

On Behalf of | Apr 16, 2024 | Car Accidents |

The aftermath of a car accident can be overwhelming, leaving you with physical injuries, emotional distress and the daunting task of filing an insurance claim. The claims process you will need to follow depends on whether you live in a fault or no-fault car insurance state.

Florida is one of the few states with a no-fault insurance system. This means that filing a claim here differs from the processes employed in other regions. To start, the following are two distinctions that you’ll need to consider when preparing your claim.

Compensation in fault vs. no-fault states

In fault states, the system operates on a principle of accountability. The driver responsible for an accident has their insurance company cover the other driver’s medical expenses, lost wages and additional damages. Consequently, the injured victim files a claim directly with an at-fault driver’s insurance carrier.

No-fault states put the focus on individual insurance coverage. Each driver’s insurer is responsible for their own policyholder’s losses, irrespective of fault. As a result, victims file a claim with their insurance provider, not another driver’s.

The right to sue in fault vs. no-fault states

In fault states, personal injury lawsuits are a viable option to obtain fair compensation for severe injuries caused by negligence. However, no-fault states make suing more difficult. Victims typically need to prove severe, long-term harm to even be eligible for personal injury damages, limiting the ability to bring an at-fault driver to justice.

Few things are more important than getting what you deserve in the wake of a serious vehicle accident. Without fair compensation, your financial and physical hardships could multiply. Seeking legal guidance can be invaluable in ensuring that a settlement that fully accounts for your damages, including injuries.