No-Fault Policy States
There have been some new strategies developed in some states that may require each person to pay for their own damages regardless of who is at fault. This is called a no-fault policy. If you have a no-fault policy which includes personal injury coverage you may be able to receive compensation for your medical costs and lost income from your own policy. In some instances you may also be able to receive additional insurance coverage from the guilty driver's policy.
In some state you are allowed to file a liability claim against the person at fault if the damages exceed the insurance benefits that have been paid. There are differing thresholds to determine when a claim can be filed. Some states require damages reach a certain monetary threshold, other states have a serious injury threshold and others require both thresholds be met.
In Order to file a personal injury claim against a drive you need to be able to prove negligence, causation, and damages. Negligence can be proven if you can prove the driver did not act with due care in operating his vehicle. If you can prove that the driver's negligence caused the accident then you can show causation. Finally, you will have to prove that you have suffered damages as a result of the accident. Damages can include medical expenses, lost wages or pain and suffering. In the case of a hit and run driver who is drunk or acts with willful actions you may be able to prove malicious intent and file a claim for punitive damages too.
If you live in a no-fault state is important to talk to a personal injury attorney to determine your options for compensation.
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