In a no fault state, your rights depend on how serious your injuries are: If your injuries aren't "serious" as defined by the law, then you cannot sue, no matter who was actually at fault. You can only recover medical bills and lost wages from your own insurance company under personal injury protection (PIP)
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The driver who crashes into your car is responsible for reporting the accident to his or her car insurance company. However, make sure you contact...
Even if you're not at fault, you can make a claim with your insurance company for payment of damages and injuries -- if you have the right coverage...
In most states you would make a claim for your injuries through the at-fault person’s auto insurer. If they are uninsured, you could make a claim t...
If you miss work because of an injury you sustained in a car crash that was someone else's fault, you can expect that person's insurance company to pay for your lost wages. But their policy will have a limit on the amount you can recoup for lost wages.
Relay only the facts of the accident , even if you believe the other driver to be at fault, it’s not smart to just say that. Instead, give the insurer the facts to show their driver is at fault and liable for your damages. The police will determine who is at fault for ticketing purposes.
Here are some tips to ensure you maintain your cool — and your sanity — when making a claim with someone else’s auto insurance company, known as a third-party claim. (Making a claim with your own insurer is a first-party claim).
Writing a matter-of-fact letter to the at-fault person's insurance company is a smart way to inform it of your expectations and rights. Telling the insurer that you expect it to pay all reasonable costs you incur as a result of the accident, including payment for repairs to or the total-loss value of your vehicle, diminished value of your car, medical expenses, lost wages, pain and suffering and rental-car costs will highlight the insurer's responsibilities under public policy.
Why? Because he probably told a version of how the accident happened that doesn't square with yours. His insurer may stand behind that story in order to avoid paying your claim.
If you make a claim with your insurer, it likely will choose to fight the other insurance company for compensation if it finds that the other driver is at fault. If you decide to fight the at-fault driver's insurer on your own you'll need a lawyer — especially if you've been seriously injured.
The at-fault driver's insurer may tell you to seek payment from your own insurer because it has no evidence of its policyholder's fault. Although most states have made it illegal for an insurer to deny claims without reasonably investigating the facts, or to deny claims when its liability is reasonably clear, you may not want to fight the other person's insurance company.
Optional insurance includes that for uninsured or underinsured motorists. The insurance company must offer you this coverage, but you are not required to purchase it. It covers you when the other driver does not have ample insurance. You can also purchase coverage for physical damage. This is called collision coverage.
Comparative fault in California means that more than one driver can be taken to task for causing an accident. Take our earlier example of a rear-end accident. Let’s say that the vehicle in the lead had broken brake lights. A driver must make sure their vehicle is working properly before driving. The rear driver was too close to the lead vehicle when they stopped to avoid a rear-end collision.
There are three ways to pay for medical care after a car accident before a case has been resolved. These are: Your own health insurance. If you choose this method and a lawsuit is filed against the at-fault driver or if insurance covers the expenses, the money must be paid back to your health insurer when you win.
The rear driver was too close to the lead vehicle when they stopped to avoid a rear-end collision. Although the rear driver had no warning, he or she should stay a proper distance from the lead vehicle and proceed at a prudent speed. Since the car was too close, the driver would also be considered partially at fault.
In fact, you’d be surprised at the items that are left behind, such as debris on the road, roadway marks such as skid marks, damaged barriers. For example, the lack of skid marks in an accident where one vehicle hits another can mean that the driver never applied their breaks.
After the frenzy of activity surrounding a car accident, when your brain is in a flight or fight mode to survive, you’re able to sit back and think. Without notice, your life changed and not for the better. Another driver broke the rules, and you are paying the price.
The minimum mandatory coverage for bodily injury is $15,000 for injury or death for one person and up to $30,000 for the injury or death of more than one person.
A tort is a civil wrong that causes a claimant personal harm, be that physical or financial.
It’s common knowledge that, if you’re involved in a road traffic accident that wasn’t your fault, you’re entitled to claim for damage and losses from the third-party insurer. But what about the finer details?
All claims centre around claiming for a pecuniary loss. This refers to the financial loss you have incurred as a result of the accident, for example: Essentially, the goal of claiming for a pecuniary loss is to get you back into the financial position you were in before the accident happened.
Claiming a replacement hire vehicle through a third-party claims management company allows you to hire a car that is paid for by the third-party insurer, so you can get back on the road in a car similar to your own.
This is called an uninsured loss, which is not covered by your own insurance policy ; if you have third party cover, you only have cover for damage that is your fault, so anything else is an uninsured loss.
Some insurance companies provide courtesy cars to help you get back on the road. However, it’s important to bear in mind that nobody is entitled to one by default. Courtesy cars may be included as part of a comprehensive insurance policy, but even then, there may be exclusions.
For example, some insurers only offer a courtesy car if yours is damaged, but repairable. So if your vehicle is damaged beyond repair, you may not be eligible for a courtesy car through your insurance. This is different to a credit hire vehicle, which is provided to you on a non-fault basis, but the cost is recovered from the at-fault party ...
If you are not at fault in a car accident, you shouldn’t be responsible for expenses due to someone else’s negligence. Here are the steps on what to do after an accident, not your fault, ...
Exchange the following details: 1 Names, addresses, and contact numbers of all parties involved 2 Insurance company contact information and the drivers’ policy numbers 3 Driver licenses and vehicle plate numbers
If you find yourself panicking after a car accident, wondering what to do because this is not my fault, the key is to remain calm. Even if police intervention isn’t necessary, it doesn’t hurt to report the situation to ensure the safety of all involved.
Vehicle collisions occur every day. In fact, it’s estimated that the average driver will be involved in some form of car accident approximately every 18 years.
If you can’t safely move the cars, you should deploy flares and hazard lights until the police can secure the location.
One of the most overlooked steps when learning what to do after a car accident, not your fault, or if you leave in a “no-fault” state , is to gather witness contact information. Unless you secure their details and a statement about what they saw, they can quickly disappear, or their memory can become fuzzy.
By collecting this information, you can expedite the process of securing a claim against the responsible party’s insurance.
If you were hurt in a car accident that was not your fault, call D. Miller & Associates, PLLC for a free case evaluation. You could qualify for compensation. Please call (713) 850-8600.
Some people might think that if no moving violations or charges were issued against the other driver, you cannot pursue compensation. Pursuing compensation for expenses such as emergency room bills and lost pay is separate from criminal charges. Under Texas law, you have the right to pursue compensation from the at-fault driver regardless of any tickets or charges.
If you succeed in proving negligence, the driver’s insurance company will compensate you for the full cost of your medical care, out-of-pocket medical expenses, replacement services that you had to hire out during your recovery, and an amount to account for your pain and suffering.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
You can probably file a claim with the driver’s insurer and resolve the lien without assistance from a lawyer. Car insurance companies generally aren’t allowed to cut a check before identifying and satisfying liens.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
You can file a claim with the driver’s insurance company. But, under Washington law, Medicare and your private insurer can file a lien against the settlement you receive from the driver’s auto insurance company.
Because your eligibility to collect damages relies on who was at fault for the accident, it is important for the insurers or courts to carefully and fairly assign liability after a pedestrian accident. This is often easier said than done. In every case, insurers will do what they can to limit the liability of their policyholder. This means claimants will need to fight to prove the other party’s liability and minimize their own. Having a qualified pedestrian accident lawyer represent you is the best way to accomplish this.
Any time a pedestrian behaves in a way that puts others’ safety at risk, s/he is breaching his/her legal duty of care, i.e., acting negligently. And when his/her negligence causes an accident, s/he will be at-fault and financially liable for the victims’ damages.
Because your eligibility to collect damages relies on who was at fault for the accident , it is important for the insurers or courts to carefully and fairly assign liability after a pedestrian accident. This is often easier said than done.
If the insurer or courts deem the pedestrian, say 40 percent at fault for the accident, s/he can still file a claim against the driver and recoup his/her losses. The caveat is that his/her degree of fault will reduce the potential settlement value. In this example, the injured pedestrian will only be able to recover 60 percent of his/her damages, e.g., $6,000 out of $10,000.
We can also review the police report, speak to witnesses, and even hire an accident reconstructionist to determine exactly how the accident occurred and who was at fault. And if the other party tries to pin a disproportionate amount of blame on you, we will reject it with evidence. Our goal will be to obtain the fullest recovery possible for you. And we will do all this with no up-front costs from you.
Perhaps the driver was texting or talking on the phone when the accident occurred. We can subpoena his/her phone records. Maybe s/he did not come to a stop at a stop sign. We can see if there is any traffic camera footage of the accident or witnesses that can testify. Or maybe the city or township is at fault for defective or poorly designed roadways that were a hazard for the pedestrian.
By the same token, if the driver or other road users involved in the pedestrian accident sustained harm or personal property damage, they have the right to pursue compensation from an at-fault pedestrian, as well. They can either file an insurance claim or sue the pedestrian to recover their losses.
Even if a pedestrian is found to be at fault for an accident, the driver of the car will usually share some blame as well. Florida follows the “ comparative negligence ” rule. This means that if neither party in an accident can be found to be completely to blame, both parties will be found partially responsible.
This is a very good question – and a very important one. You might be surprised to learn that nearly 1 in 4 Florida motorists don’t have automobile insurance. Only Oklahoma has a higher percentage of uninsured motorists.