The laws regarding your ability to collect compensation after a car accident are much different in states that utilize a no-fault insurance system. To further complicate things, these no-fault insurance laws will vary from state to state. Consequently, many car accident victims will find themselves unsure of where to turn to get the compensation they need after being injured in an accident. This is one of the reasons why it is so important for individuals in these states to contact a no-fault insurance attorney regarding their claims.
Personal Injury Protection Coverage
Many injury claims in no-fault states will be processed under an individual's personal injury protection coverage which is provided under their own insurance policy. The purpose of this coverage is to pay for the cost of medical bills and lost wages associated with being involved in a car accident. Unfortunately, these types of no-fault claims do not allow you to collect compensation for pain and suffering since they do not rely on the determination of fault or liability when providing compensation.
Choosing to file a claim under your personal injury protection coverage could result in you receiving far less compensation than you are entitled to if your case does qualify as an exception under no-fault insurance laws. While exceptions are granted based on different criteria in each no-fault state, most of these states have laws in place that allow individuals to seek compensation through the at-fault driver's insurance company if their injuries meet the legal definition of serious injury. Consulting with a no-fault insurance attorney before filing your claim can help you to determine if your claim meets the legal standard for this type of exception.
Seeking Compensation For Pain & Suffering
The reason it is so important to determine if your claim meets the legal standard for an exception is that filing a personal injury claim against the at-fault driver rather than filing a claim against your own personal injury protection coverage will allow you to seek compensation for pain and suffering. The ability to recover this type of non-economic damages can greatly increase the overall value of your claim.
Consulting with a no-fault insurance attorney regarding your claim will not only help you to determine whether or not your injuries qualify for a personal injury lawsuit under no-fault laws, but can also help you to determine exactly how much your claim may be worth. For more information, contact a no-fault insurance attorney.