Fault vs. No-Fault Automobile Insurance from a Personal Injury Perspective
Personal injury attorneys state that although the specific rules in each state vary, there are only two basic legal frameworks are fault and no-fault that control who pays (in legalese this is called "economic liability") for personal injury and economic damages resulting from automobile accidents. On the one hand, the fault system requires that "fault" be determined through an investigation by the insurance companies involved and/or by a court judgment before economic responsibility is apportioned. Normally, whomever is legally at fault pays for the damages for personal injury and automobile replacement or repair.
On the other hand, according to personal injury attorneys, the no-fault system is designed to simplify this process by providing every accident victim with immediate compensation, regardless of who is to blame. Since both systems are in operation throughout the country, and some states even have a blend of both, we need to address the ins and outs of each.
Personal injury attorney Andrew Alitowski explains that States like Florida and Kentucky are no-fault states. The issue of fault and negligence in any personal injury case is always an issue, however, in seeking money for a client who was the victim of a car accident caused by another. Being informed as to how insurance policy limits and fault impact a case is crucial to a clients overall understanding of their claim for damages and the litigation process.
-Dawn Turner
