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“No-fault” is a type of automobile insurance in which each person's own insurance company pays for injury up to a certain limit regardless of whether its insured was at fault. By own insurance I mean the insurance of the car you were in at the time of the accident since policy provisions make you an "insured" of that vehicle.
Personal injury protection or PIP is the name some states give to their no-fault plan.
If you live in one of the no-fault states and are injured in a car accident, regardless of fault, your insurance, must pay certain benefits. These benefits are known as Personal Injury Protection or "PIP".
Medical Bills
No fault pays your medical bills reasonably and necessarily incurred because of the car accident. It probably won't cover aromatherapy but it will cover chiropractic care. This is limited by the coverage you purchased. In some states you must have at least $3000, but it is possible to get $10,000, $25,000 or even $100,000 of this type of coverage.
Lost Wages
No fault pays your lost wages (or lost income if you are self employed) This usually has a rather small cap such as “up to 85% of the income you lost from work, up to a maximum of $250 per week."
Household Services
No fault covers the cost of paying others to perform household services you can't perform because of your injuries. This benefit is usually limited to $20 per day.
Death Benefit
No fault often includes a death benefit that you as a survivor can apply for if your loved one is killed in a crash.
Applying For Benefits
To apply for your Personal Injury Protection benefits you need to contact your agent to report the accident. He will notify your insurance company who will open a file and assign a claims adjuster. Once an adjuster has been assigned contact her and ask for an "Application for Benefits". This is the form most insurance companies use to start the payment process.
Subro What?
If you were not at-fault, your insurance company my be able to get paid back for the money it spends on your no fault benefits. This is commonly known as “subrogation.” To do this it will need to submit a bill to the company of the at-fault driver.
If you have hired an attorney to help you on your injury claim, your insurance company may ask him to help recover the subrogation money from the other insurance company. Sometimes insurance companies have staff lawyers who handle this and sometimes they hire outside law firms to do it.
Conclusion
No fault or Personal Injury Protection is a system where your insurance company pays you benefits regardless of fault after a car crash. These benefits usually include: medical expenses, lost income, household services and a death benefit.
Start the process by reporting the crash to your agent. He will open the claim and an adjuster will be assigned by your insurance company.
Disclaimer
This article is for informational purposes and is not intended to substitute for legal advice specific to your state and circumstances.
In our daily lives, we are always prone to unexpected occurrences, for example, accidents in the roads and in public places. While a few may say, they are lucky to be left untouched by an incident, physically and emotionally, many of these accidents result to personal injuries varying from simple to severe, catastrophic to fatal.
Let us say you were in California and were involved in a car accident, you may suffer not only physical and emotional injuries but also damages to property. Likewise, you may also experience this if you fall victim to accidents in public and work places and even your very home!
Carelessness or malpractice of health/medical service provider, lawyers and other professional service providers can also result to inflicting you with injuries.
When you become a victim of a wrongful or negligent act committed by another person or entity and resulted to injuries and property damages, you have to assert for your rights to recover damages.
California based personal injury lawyers who are experts in handling claims will be your ally in this matter.
Evaluation of your personal injury claim
Your personal injury lawyer will review the facts of the case in order to determine whether it has been another person or entity's wrongful act, which caused your injuries and losses. He or she will assess whether you have the elements of a personal injury claim or not.
Wrongful conduct has three facets:
1. Negligence – this is the most usual starting point in recovering for injuries and losses caused by an accident. According to a rule of law in the principles of personal injury, individuals are liable for each of their careless acts.
2. Intentional misconduct – recovering for damages caused by intentional misconduct may come about when someone hurts you or damages your property intentionally.
3. Strict Liability – companies and individuals could be liable for damages based on the policies of strict liability if they committed activities that are dangerous and detrimental to the well-being of other persons. Conduct of bomb testing, manufacture of potentially dangerous or defective products is an example of circumstances involving strict liability.
The value of your personal injury claim
A highly skilled lawyer who has already attained quite a lengthy experience in handling personal injury claims can give you an estimation of what your claim would be worth. Here are the following compensations you may be entitled to receive:
- Medical treatment of injuries / continuous therapy for trauma
- Lost wages and future earnings if you will be unable to take up your old job in the aftermath of the injury
- Cost of replacing and repairing damaged properties
Other compensation that may given an estimation of monetary value:
- pain and suffering
- physical handicap or disfigurement
- embarrassment
- loss of enjoyment in life
- other such psychological injuries
Sources of compensation
The personal injury claim would not be worth it if the person who had been liable for the injuries sustained becomes unable to pay for the damages. The personal injury lawyer has the responsibility to identify the insurance and assets available that can compensate the damages caused by the injuries.
In processing personal injury law claims in California and elsewhere, it is the responsibility of the one filing the claim to provide sufficient proof of the liability of the defendant. Thus, the personal injury lawyer must be systematic and organized during the procedure of obtaining your medical records of your injuries, police reports of the accident, interviewing witnesses, and acquiring other pertinent information in proving the claim.
Settling your claim and recovering satisfactory compensation without having the case progress into a lawsuit is a successful enough feat for any injury attorney.