Often people get confused between the fault and no-fault system of car crash claims. There are particular distinctions in their insurance coverage of them. These systems determine your eligibility for compensation.
If you get into a car accident, ensure to consult a personal injury attorney to seek legal guidance for your case. They will provide detailed information regarding the claim process for both.
The Fault States and their working
In states where the concept of fault is applied, the driver who is found to be responsible for causing the accident will be legally liable for the payment of any damages or injuries resulting from the accident. The victim can file a claim against the driver at fault through the insurance company. The insurance service will assess the claim made by the victim. If the claim gets approved by the insurer, the expenses incurred by the victim due to the accident will be paid off by the insurance company.
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The payment is only made till the coverage limit.
If the victim is unsatisfied with the compensation offered by the insurance company, the victim can make a counteroffer. However, suppose both parties do not agree.
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In that case, the victim can sue the liable driver for the medical expenses, damage to property, pain and suffering, and loss of income due to the accident. Most states work as per the fault-based insurance concept. Every insurance company is required to pay for the damages done by the insured person.
The No-Fault States and their working
Many states follow the concept of a no-fault insurance system, according to which the insurance coverage helps compensate for the damages caused by accident regardless of who is responsible for the accident. The process of personal injury litigation is reduced with this, and insurance costs are also lowered.
The drivers or victims that suffered in a car accident are not legally allowed to sue the party at fault for causing the accident. Every driver should file an insurance claim personally, and the damages will be covered by their insurance company.
Drivers must carry personal injury protection or PIP in no-fault states. This kind of insurance helps cover damages like medical costs, loss of income, funeral or burial expenses, and any other out-of-pocket expenses that arise from the accident.
No-fault insurance contains coverage for injury and medical bills. If any damages to property or vehicle occur in the accident, the liability policy of the driver who caused the accident will be required to pay for the damages.