No-Fault Insurance

In 2000, there were a total of 17,663 crashes caused by drivers with aggressive driving behaviors.

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To learn more about the legal aspects of motor vehicle accidents, please review the general information below. To find out how our law firm can assist you, please visit our auto accident practice page.

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No-Fault Insurance

When a driver has been in an accident, no-fault auto insurance allows the driver to collect from his or her insurance company regardless of who caused the accident. Not every state has a no-fault insurance structure, but those that do have very specific laws governing when, how much and for how long an injured party may collect. Contact David G. Smith in Oakland, to schedule a consultation with a personal injury attorney to discuss how CA views fault and to determine how no-fault laws may affect your right to recover damages for injuries.

How no-fault insurance works

No-fault insurance is a system in which auto insurance pays benefits to the insured driver in case of an accident, no matter who was at fault. This is contrary to systems in which the at-fault driver's insurance company must pay the bulk of the compensation after an investigation and determination of fault by the insurance companies or the courts.

The system is designed to streamline the process of payments to injured people and to lower the burden on the courts. No-fault laws can make it more difficult to sue an at-fault driver for damages; the insured typically must have been quite seriously injured in order to take such legal action. On the other hand, monetary recovery for the insured is more certain under no-fault insurance because the compensation is immediately available through his or her own insurance policy. No-fault insurance policies often have a cap on the compensation they will pay.

The no-fault insurance system strikes a balance between preventing injured parties from receiving a windfall due to an accident and ensuring that they will be compensated regardless of who caused it. The specifics of no-fault insurance laws vary widely by state, but may also provide compensation for certain economic losses experienced as the result of a crash.

Personal injury protection (PIP)

Your no-fault insurance is probably part of what is known as a Personal Injury Protection (PIP) package. PIP insurance pays for the medical expenses of the insured driver and his or her passengers injured in an auto accident. PIP insurance typically covers things like medical bills, wage loss and funeral expenses, but doesn't address pain and suffering or vehicle damage, though this varies by state and particular insurance policy. PIP packages usually also have distinct coverage limits.

Contact a personal injury attorney

How you handle the aftermath of a motor vehicle accident can make a significant difference in your monetary recovery. Dealing with insurance companies can be especially tricky. In addition, the no-fault and fault insurance systems vary widely by state. Speaking with a personal injury lawyer from David G. Smith in Oakland, CA, will help to clear up the confusion you may be feeling following a crash.

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