Legal Rights of No-Fault Car Accident Victims


Medical expenses, lost wages, and pain and suffering are all covered by No-Fault car insurance systems. But do you qualify for these benefits? If not, you may be entitled to compensation. In this article, you will learn about the legal rights of no-fault car accident victims. Let’s dive into these areas. Then, contact an attorney who specializes in no-fault car accidents. Glenn C. McGovern can help.

No-Fault car insurance system

In a no-fault car insurance system, a driver who is injured in an accident can sue the at-fault driver for any damages, including medical expenses, property damage, and pain and suffering. No-fault car insurance is more affordable than the traditional fault-based system, and has many benefits. One of these is that no-fault claims have fewer petty lawsuits. In addition, no-fault car insurance allows drivers to file for a lawsuit against other drivers for non-economic damages.

No-Fault car insurance states simplify the process of filing an insurance claim by eliminating the need for third-party claims. This system also helps speed up the process of paying claims for injured parties. Since no-fault states are not responsible for most accidents, people can be compensated for their own financial losses. By choosing this system, you’ll have more control over your financial future. No-fault car insurance is a good choice for most drivers.

Medical expenses

The insurance company of the at-fault driver pays some or all of your medical expenses after a car accident. However, the insurance company is unlikely to reimburse you directly after each doctor visit. Hence, you must wait months, even years, to receive a settlement. Moreover, doctors and hospitals often want payment immediately. If this is not possible, you may have to pay them yourself. Fortunately, there are a few ways to recover your out-of-pocket costs.

The no-fault insurance company may send you to an Independent Medical Examination (IME) to determine your condition. If you refuse to attend this examination, your no-fault insurance company may retroactively deny your benefits and you’ll have to pay for the expenses out-of-pocket. But, if you want to get regular medical treatment, you must attend the IME. Moreover, no-fault car insurance companies do not have the obligation to pay you for all your bills – you need to provide proof of your current coverage.

Lost wages

To collect lost wages for a no-fault car accident, the injured driver must first file a claim for compensation through the other driver’s insurance company. Alternatively, he or she may pursue a lawsuit against the other driver. It is important to submit the claim as soon as possible after the accident to avoid losing money and extending the waiting time. Lost wages compensation for no-fault car accidents is usually limited to $10,000.

In most no-fault states, you can obtain compensation for lost wages from a no-fault car accident. No-fault car insurance covers lost wages up to 80% of your lost wages. It also covers other expenses up to $50,000 in case of an accident. For additional compensation, you can purchase APIP coverage (Additional Personal Injury Protection) or OBEL coverage (Optional Basic Economic Loss).

Pain and suffering

In car accidents, the person at fault can be held responsible for paying for the other driver’s pain and suffering. Pain and suffering can range from minor to severe, and it is subjective. For instance, a broken leg can be physically and mentally painful, especially if the victim cannot perform daily tasks due to the injury. Because pain and suffering cannot be measured in dollars, they are often overlooked in car accident insurance claim settlements.

Is Maryland a no-fault state? An attorney can help you answer such questions so you should consider arranging a consultation with one.

In no-fault car accidents, the driver at fault can still be responsible for pain and suffering damages, as long as he was less than 1% at fault. Fortunately, most states allow this type of compensation if the other party is at least 50% at fault. However, there are cases in which the insurance company denies payments for pain and suffering even if the other driver was at fault. In these cases, an attorney can help a victim receive fair compensation for these damages.


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