You’re probably wondering, should I get a lawyer for a no-fault car accident? The answer ultimately depends on your situation and we’ll explain everything in the guide below.
Car accidents are more common than you might think. You can easily drive around for a week without seeing one incident, but the statistics show a massive 5.9 million auto accidents are reported to the police each year. Many of these are more serious than others and there’s a possibility you could be involved in one whenever you set foot in your car.
One of the big problems with car accidents is how complex they are – especially when determining who was at fault. Many states make the driver at fault pay for any medical expenses/repairs, but what if you live in a no-fault state?
What is a No-Fault Car Accident?
As noted above, car accidents typically fall into two categories from an insurance perspective:
- At-fault
- No-fault
The former means someone is deemed “at fault” for the accident and is responsible for paying out. Determining who is at fault is often tough and complex, so some states brought in a no-fault system. This means no driver is technically deemed “at fault” and each party will use their own Personal Injury Protection (PIP) to cover medical expenses or lost wages following an accident.
For example, you crashed into another car because they jumped a red light at an intersection. You suffered whiplash, so you have to claim medical expenses for this through your PIP insurance. Of course, PIP doesn’t cover property damage, so you can technically make a claim against the other driver’s car insurance to cover the cost of repairs in a no-fault car accident.
Should I Get a Lawyer for a No-Fault Car Accident?
The whole purpose of no-fault car accident systems is to make the claims process a lot smoother. It should reduce the need for legal action as you can claim your own PIP insurance to get financial compensation.
However, what happens if your car is damaged and needs to be repaired? Or, what if your PIP coverage maxes out at a certain limit and can’t cover the full expenses? Hiring a lawyer for a no-fault car accident can be beneficial in situations like these. It isn’t essential, but getting proper legal representation could ensure you get the maximum amount of compensation. We recommend pursuing litigation if any of the following scenarios apply to you:
- The other driver is trying to claim damages against your insurance or attempting to sue you for the crash
- Your insurance provider refuses to pay out or is taking too long to give you the money
- Your PIP insurance doesn’t cover the full cost of medical expenses, lost wages, etc.
- Your car is damaged and needs to be repaired but the other driver’s insurance provider refuses to accept fault and won’t pay
- You or a passenger experienced significant serious injuries that may be permanent or result in disfigurement/disabilities
Benefits of Hiring a Car Accident Lawyer
Working with a qualified car accident lawyer will be beneficial after an auto accident. To start, you no longer have to worry about paying out through your insurance provider. This will often result in higher premiums when you renew – and most insurance providers will always try to lowball you anyway. They don’t want to pay up, which is why PIP doesn’t always cover the full extent of your injuries.
Likewise, if you’re claiming against another driver’s auto insurance policy to cover damages in the crash, it’s extremely hard to win this claim in no-fault states. Their insurance company will do everything to deny their driver was at fault, meaning you’re left paying for car or property repairs out of your own pocket. Legal representation gives you a much better chance of suing the wrongful parties and getting the money you deserve.
Yes, hiring a car accident lawyer will cost money – but this is offset by what you gain from hiring them. You’ll maximize your compensation, reduce the time taken to get your money and avoid incurring future high premiums for your insurance.
Tips for Choosing a Car Accident Lawyer for No-Fault Accidents
If you believe that hiring a car accident lawyer for a no-fault claim will benefit your case, then be sure you know how to choose a reliable and reputable legal partner. We’ve got some simple tips to help you make this decision and ensure you get the best help possible:
- Check that the attorney specializes in car accident and no-fault accident law
- Seek out reviews and testimonials proving the attorney’s track record of success
- Make sure they offer free consultations so they can review your case and tell you if hiring a lawyer is necessary
- Ask about the price structure so they’re upfront about all fees and any potential add-ons
- Be certain they’ve operated in your area and know the local laws
What to do Following a No-Fault Car Accident
Knowing the right steps to take after being involved in an accident in a no-fault state is crucial to ensuring you avoid liability and get the best outcome. Here’s what you should do in the immediate aftermath and shortly after:
- Check for injuries and ensure all parties are safe from harm’s way
- Call the police to notify them of the accident
- Take photos of the incident to use as evidence
- Exchange contact and insurance details with all other parties
- Report the accident to your insurance company
- Get medical attention if necessary
Depending on how severe the incident was, the next steps may vary. If you received minor injuries and there wasn’t extensive damage to either vehicle, then you could get away with filing a PIP claim. For instances when the crash was heavy and there was a lot of damage or serious injuries were observed, it’s better to contact a car accident attorney and consider your options.
In conclusion, answering the question “Should I get a lawyer for a no-fault car accident?” is harder than it sounds. The purpose of no-fault systems is to stop the need for litigation – yet a car accident attorney can be beneficial in some cases. If you sustained property damage or serious injuries, get in touch with a car accident lawyer today. We’re more than happy to help with any claims and you can click here to arrange a free consultation.
