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An Example Of No Fault Insurance
by Ina Segurian
http://www.gapinsurances.com
If you~re fortunate, or depending on how you look at it,
unfortunate to live in one of the twelve states that are
under a non-fault auto insurance system, you can cause an
accident, yet your insurance company won~t pay for the
other parties~ damages.
If you live in a No-fault state (DC, FL, HI, KS, KY, MA,
MI,MN, NJ, NY, ND, PA, UT) that means you live in a
state that both requires drivers to carry insurance for
their own protection and places limitations on their
ability to sue other drivers for damages. Your auto
insurance company willpay for your damages (up to your
policy limits), regardless of who was at fault for the
accident. Any other drivers involved will be covered by
their auto insurance policies. Since all are required
to carry insurance, in theory, there should be no
uninsured motorists in those states. Stop laughing -
the term "in theory" was used!
These states opted for the no fault insurance system
because it guarantees every driver immediate medical
treatment in the event of an accident. Further, it's
intended to reduce the legal and administrative fees
associated with insurance claims. Again, in theory,
this should equate to lower premiums. Unfortunately,
often times the liability issues that still remain
will actually drive premium costs up.
No matter which state you're in, however, drivers can
and will be held responsible for injuries that they
cause...even in no fault states. Depending on the
state, drivers can be held liable for injuries if the
injuries are severe enough.
Below is a classic case of a no-fault situation. Neighbor
lived in a four-plex apartment building. It had a 4-stall
garage along with a 4-stall wide driveway. Because the
driveway was so wide it was second nature for the tenants
to pull out of their parking spots and turn around in the
driveway instead of backing into the street.
One day one of the tenants pulled out of her garage
space and began the process of turning around in the
driveway. She felt and heard a bump and a scream. She
opened the door and realized that there was someone
under her car. She immediately went into her apartment
to call 911.
The driver paniced and stayed in her apartment, sure
that she had caused a neighbor serious injury. She
later learned that another neighbor came to the injured
person's rescue and picked up the car enough to allow
the victim to goe out from underneath the car.
The victim stated that she was fine and did not want to
go to the hospital. However the police and paramedics
insisted and wound up transporting her to the hospital.
It turns out that the "victim" was sunbathing behind
her car, out of sight of the driver. Fortunately, she
suffered no broken bones and no internal injuries. She
did, however, have a tire track from her right thigh
to her stomach.
The driver felt responsible and terrible and wanted to
help her neighbor by making it up to her. So she
her insurance company to report what happened. Her
insurance company, while toalking to the lady, learned
that the victim had her own insurance and car. Since
they were in a no fault state, the driver was told that
the victims own insurance would have to cover any
claims, regardless of who cause the accident.
Interesting No-Fault system, wouldn~t you say?
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