Currently, Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New York, North Dakota, and Utah have no-fault auto insurance systems, and New Jersey and Pennsylvania have hybrid no-fault insurance systems. If you have been injured in an auto accident in a no-fault state, you may have many questions, including whether you can file a personal injury claim in a no-fault state. Read on to get answers to some of the questions you may have.
Can You File a Personal Injury Lawsuit In No-Fault States?
In no-fault states, your insurance provider typically covers any damage to your vehicle as well as your medical expenses if you were injured in an auto accident, regardless of who was at fault for the accident. However, there are certain situations in which you can still file a personal injury lawsuit against another party who may have been responsible for an accident that left you injured.
What Thresholds Must You Meet to File a Personal Injury Claim in a No-Fault State?
Each no-fault state has its own thresholds or requirements that you must meet in order to file a personal injury claim. As a general rule of thumb, your injuries must meet one of two requirements in order for you to be eligible to file a personal injury case. Your medical expenses must have surpassed a certain limit, with the limit varying by state. Alternatively, your injuries must fall under the serious injury status in your state, which again varies from state to state. However, most serious injuries are permanent disfigurement or permanent limitations.
How Can a No-Fault Insurance Attorney Help With a Personal Injury Case?
Each and every state that uses the no-fault insurance system has its own requirements for who is eligible to file a personal injury case. A no-fault insurance attorney knows what the laws are for your state, and can help you determine if you meet the criteria to file a case. If you do, an attorney can help you file your suit, show why the other driver was responsible for the accident, and work hard to help you recover the maximum amount of money allowed for your injuries.
One of the most common misconceptions about no-fault states is that you cannot sue the responsible party if you are injured in an auto accident. However, this is not the case. If you have been injured in a no-fault state, you can still file a personal injury lawsuit if the other driver was responsible for the accident and you meet the other state-required criteria. Schedule a consultation with a no-fault insurance attorney today to find out if you meet the requirements to file a no-fault personal injury claim.