Did you know that there are around 6 million car accidents in the United States every year? If you were recently in an accident and you are wondering what a no fault accident really means, you are in the right place.
Keep reading to learn what is a no fault accident and the top indicators that determine who is at fault in a car accident.
What Is a No Fault Accident?
This law states that in the event of a car accident both parties go to their car insurance policies to make a claim no matter who is at fault. The no fault law makes it easier for those that are injured in a car accident to seek medical treatment.
The law means that drivers have insurance to cover their own injuries and damage. No fault means that it does not matter which driver is at fault because everyone is required to file a claim with their own insurance policy.
Even in the event of a no fault accident you always want to make sure that you have the information of a car injury attorney on hand for any emergencies.
States That Are No Fault States
There are currently 12 states in the United States that are no fault states. These states include:
- New Jersey
- New York
- North Dakota
- Puerto Rico
These states implemented the no fault accident laws to help reduce the number of small lawsuits that might occur otherwise. There are three states including Kentucky, New Jersey, and Pennsylvania that have a choice no fault option where a driver can choose to reject the threshold requirements.
1) Traffic Rules Violations
If a driver breaks any traffic rules right before they cause an accident this is a clear indication that they are the ones at fault. A perfect example is if someone runs through a red light and hits a car from behind because of running the red light, this is clear that the person that ran the light is at fault.
Another clear indicator is a driver swerving into a lane without putting their signal on or without waiting for the other driver to yield and allow them into the lane. If their swerving is what causes the accident then this will put that driver at fault.
Even when a driver is clearly at fault they might deny causing the accident because they do not want to admit fault or be made liable for their actions.
2) Vehicle Damage Location
Where the vehicle is damaged can be a major indicator of who is at fault. For example, if one of the cars shows damage in the rear end then more than likely the driver in the vehicle behind it will be the one at fault.
The reason is that either they were speeding and could not come to a complete stop on time or they were not keeping an appropriate amount of distance in between the vehicle in front.
When the police officer comes to the scene of the accident they will look at the location of the damage and put it in the accident report.
3) Accident Report
The main reason that it is recommended to call the police as soon as a car accident occurs is that they are trained in road accident investigations. They have some expertise in figuring out who is at fault in an accident.
With the police arriving at the scene, it will give you one less thing to worry about. You will not have to worry about figuring out who was the person at fault. After the police investigate and look at the entire scene they will write up a police report that you will get a copy of.
Please keep in mind that police officers can make mistakes so you will want to double-check everything in the report when they give it to you. Make sure that all of their drawings are accurate as well. If you catch a mistake after the police are gone, you can challenge the report in a court of law but this will mean that you will have to hire an independent investigator and a car accident attorney.
4) Drowsy Driver
A sleepy driver can drift across lanes and through an intersection if they fall asleep at the wheel. Although it can be difficult to prove whether a driver falls asleep or not they might break traffic laws that are obvious to law enforcement when they show up at the scene of the accident.
They can use any obvious traffic violations as evidence of them being at fault. Your job is to provide a statement to the police if you notice that a driver looked like they were sleepy or drowsy after your first encounter with them.
Keep in mind that when someone drives negligently they do it with no regard for everyone else. The fault responsibility lies with the negligent driver every single time.
Feeling Like a No Fault Accident Pro?
Now that you know what a no fault accident is and the ins and outs of car accidents you can have peace of mind that any medical expenses will be covered by your PIP insurance. No matter what, you should always make detailed notes of the car accident to have on hand for the insurance company in case of any discrepancies.
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