Can I sue for damages caused in a car accident in a no-fault state?

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Asked August 2, 2010

1 Answer


In a no-fault state, your ability to sue for damages caused in a car accident is generally limited. No-fault insurance is a system in which each driver's insurance company pays for their own policyholder's injuries and damages, regardless of who was at fault for the accident. This system is designed to reduce the number of lawsuits and make it easier for drivers to receive compensation for their injuries. However, there are some circumstances under which you may be able to sue for damages in a no-fault state. For example, if your injuries exceed a certain threshold or if the damages to your vehicle are above a certain dollar amount, you may be able to file a lawsuit against the at-fault driver. In addition, if the other driver was under the influence of drugs or alcohol, or if they were driving recklessly or intentionally caused the accident, you may be able to sue for damages. It's important to note that the rules governing no-fault insurance and lawsuits vary by state. Some states have what is known as a "choice" no-fault system, which allows drivers to choose whether to participate in the no-fault system or to opt out and retain their right to sue. Other states have a "add-on" no-fault system, which provides additional benefits to drivers who choose to participate in the system but also allows them to sue for damages in certain circumstances. If you're involved in a car accident in a no-fault state and are unsure about your rights and options for seeking compensation, it's important to consult with an experienced personal injury attorney who can advise you on your legal rights and help you navigate the claims process.

Answered August 2, 2010 by Anonymous

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