Car Accident Claims 101

Car accident claims can be brought by a person who was the victim of a car accident. The specific rules for when to bring a car accident claim, how to bring such a claim, and who to bring such a claim against, vary depending on the nature of the injuries and the state in which you live. Therefore, it is essential to understand the basics of car accident claims in case you are ever injured in a motor vehicle accident.

The No Fault System

Twelve states in the United States have adopted varying types of no fault rules. These twelve states include:

Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Pennsylvania
Utah

Although several of these states, including Pennsylvania, are choice no fault states, which means you can either opt in or out.

What Does No Fault Mean

If you live in one of the twelve no fault states, then your right to sue after a car accident is limited. In the majority of car accidents, regardless of who is at fault, you are able to recover damages for medical bills and lost wages from your own insurance company only, under a form of protection or coverage called personal injury protection (PIP) that you are required to buy.

You are allowed to collect damages from the other party and file a lawsuit only if he is at fault for the accident and your injuries are serious. Some states have a quantitative verbal threshold for seriousness while others look at the expenses that the injury causes to determine if the injury was serious or not. Injuries that can qualify as serious generally include injuries that are permanent and/or injuries that cause you to become permanently disabled or disfigured.

The Tort System

In the remaining states, a fault or tort system is used in car accident cases. When two people get into a car accident, the driver who is at fault has to pay. His liability insurance may accept fault and simply pay the damages, settling the claim with the other party. If the drivers and insurance companies can't agree and/or if the injuries are serious, then a lawsuit may be filed.

When a lawsuit is filed, the plaintiff can recover damages from the defendant if he can prove:

The defendant was negligence
The defendant's negligence caused the accident
The accident led to injury and damages

If the plaintiff can prove that, he is entitled to recover damages for:

Medical bills
Lost wages
Pain and suffering
Emotional distress
In rare cases, punitive damages

Getting Help

If you have been involved in a car accident, it is very important that you contact an experienced car accident attorney as soon as possible. Your attorney can explain to you what the laws are in your state and can help you determine whether you are entitled to compensation for your injuries. Your attorney can also help you evaluate any settlement offers and help you to gather the evidence necessary to prove fault or file a lawsuit if need be to recover the damages you are owed.

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