There is a common misconception that ‘no fault’ insurance means that after a car accident no one is held to be at fault. This is not the case and the expression ‘no fault’ can be somewhat misleading when it comes to injuries resulting after a motor vehicle accident.
When someone is involved in a car accident with another driver, both individuals are required by law to be carrying automotive insurance. The law also requires that every insurance policy contain, by default, standard accident benefits. Additional insurance benefits can be purchased but every insurance policy will contain these standard ‘no fault’ insurance benefits.
After a car accident, your insurance company is responsible for covering these standard benefits regardless of the party at fault for the accident. If you are a pedestrian or cyclist and do not have car insurance, the other individual’s insurance company becomes responsible to provide these ‘no fault’ benefits. In order to access the ‘no fault’ benefits, you will need to contact the insurance company within seven (7) days of the accident to notify them of the date, time and location of the accident. When you contact the insurance company, be sure to ask who you are speaking with; take note of the date and time; and keep this information for future reference.
If you suffered serious injuries or a wrongful death has occurred as a result of the car accident, it is always a good idea to contact a personal injury lawyer as soon as possible for a consultation. This will help you determine what your next steps are and provide you with the means to obtain any additional compensation or benefits you may be entitled to. Keep in mind that ‘no fault’ does not limit you from obtaining a car accident lawyer to sue for damages but simply provides you with early access to insurance benefits to assist in your recovery from the motor vehicle accident.
Roger R. Foisy Professional Corporation will provide an initial free consultation for accident victims who have been seriously injured or who have suffered the loss of a family member due to a car accident.