Head-On-Collisions in a No-Fault State: What does the Law Say?

Ladyblogger
September 5, 2013

Automobile collisions are a serious cause of injuries in America, and statistics show that the average driver in the country will file an auto insurance claim once every 19 years. This means that, regardless of how good of a driver an individual is, they’re likely to be involved in some type of accident. When this accident is a head-on collision, the injuries can be especially grave; and when this occurs in a no-fault state, drivers can be left with an abundance of unanswered questions.

What are No-Fault States?

In the majority of American states, the negligent party in an auto accident often ends up having to pay the accident victim for their medical costs, lost income, pain and suffering and other losses related to the accident. No-fault states, on the other hand, require a person’s own personal insurer to reimburse their policyholder for financial damages suffered due to an accident. There are certain compensatory damages, however, that the insurers are not required to pay.

In a no-fault state, a person’s insurer will end up paying for special damages such as medical bills and property damage. This saves insurance companies money since they are often able to avoid court costs. General damages, however, such as pain and suffering, are not covered by no-fault policies. Accident victims can still, in some instances, bring actions for general damages against the negligent party. In New York, for example, victims can bring forth lawsuits if their damages exceed a certain amount.

Head-On Collisions

Head-on collisions in no-fault states present a special problem. Due to the seriousness of these types of accidents, individuals involved in them often end up facing excessive medical bills and a great deal of pain. To understand just how serious head-on collisions are, a person only has to recognize that 10.1 percent of automobile collision fatalities are a result of head-on collisions. What makes this statistic even more staggering is the fact that these accidents only make up two percent of all auto crashes.

As mentioned, no-fault policies will not pay for their policyholder’s pain and suffering or other general damages. Because of this, injured victims are often still allowed to bring forth lawsuits in relation to these damages. To get fair compensation, however, individuals should understand what they need to do immediately after these incidents.

After the Accident

While it’s important to contact the police after any accident, it’s especially imperative in a no-fault state. Due to these states’ desire to keep auto collision cases out of the courts, it’s advisable to have as much evidence proving fault as possible. A police report will really come in handy when doing this since there will be actual documentation as to who caused the accident.

Additionally, an individual involved in an accident in a no-fault state should immediately retain an experienced local attorney, like the Perecman Firm, P.L.L.C., a NYC car accident attorney especially equipped to represent head-on collision accidents in NYC area. This is especially the case when an injury has been sustained. If no injuries occurred, an individual’s own insurer will cover the damages they’ve experienced; and this is also the case when no general damages are sought.

If a person is seeking completely fair compensation, however, including damages for pain and suffering, an attorney in a no-fault state will know the necessary burden of proof and how to reach it to help ensure that the negligent party in the accident is held responsible.

Being involved in an accident in a no-fault state can present a wide array of difficulties that drivers in other states never have to deal with. This is even more true when serious injuries are involved, and when it comes to head-on collisions, these injuries are quite common. Luckily, even in no fault states, it’s possible to recover fair compensation from a negligent driver. This fact alone means that an injured driver should refuse to simply settle for the minimum payments required in no-fault states.

Lisa Coleman shares what a no fault state is and how it can affect a serious car accident claim, like a head-on collision, and shares the importance of retaining an experienced local car accident attorney. She recently read online how the Perecman Firm, P.L.L.C., a New York City head-on car collision attorney firm, is equipped to represent a client who has been involved in a serious car accident in New York State, a no fault state.