02 Oct Fault vs No-Fault Accidents
Fault States and No-Fault States
The United States is not completely united in the way each state handles legal matters. While most states rely on the same standards for legal liability, there are fault and no-fault states. Fault, of course, is determined by finding out which party in an incident was negligent. By not exercising a reasonable level of care, a person can be found at fault in the case of an accident.
In accidents, fault and no-fault states have different rules regarding how restitution and damages are handled. In a fault state, insurance companies pay according to the level of fault involved. If one party is completely responsible for an incident, then that party’s insurance must cover any property damage or medical costs.
This is why so much information is requested after an accident. By recording the most information as accurately as possible, we increase the likelihood that all damages are covered. If the parties are equally responsible or if there is any kind of shared responsibility for the accident, then payment is made according to the level of fault found.
No-Fault States and Insurance
A no-fault state has different requirements for the level of coverage needed. This is due to the fact that each party will have their costs covered by insurance regardless of fault. The same level of care must be taken when gathering information after an accident as each insurance company will only want to pay what they must.
A major upside to living in a no-fault state is that damages are covered much faster. By not having to wait for a court case to finish up, we can get back to our lives much faster. Medical bills are paid and the likelihood of having your vehicle repaired or replaced quickly is much higher.
A major downside is that pain and suffering damages usually cannot be sought out. As each party’s insurance is designed to cover everything without a lawsuit, damages are limited to the damages themselves. In the event that a financial threshold is met or exceeded, additional suit may be filed to cover the difference.
Knowing the difference between fault and no-fault states will help you should you travel to a state where things are different. Louisiana is a fault state. When you travel outside your state, you will want to be as prepared as possible. Hopefully the trip is without incident, but a little prep work goes a long way.
If you’ve been injured in an accident, you need an attorney. Contact the car accident attorneys at the Law Offices of L. Clayton Burgess to schedule a free consultation with our team of experienced lawyers. Don’t Delay, Call Clay! 337-234-7573