Each state has a set of laws that govern personal injury cases and it is necessary to operate within them. Otherwise you could miss out on the opportunity to file a claim. I hope this web site and information provided can help you make the best decision on how to decide between car accident lawyers in your area.
What is a No-Fault State
If you have been in a car accident outside of California you might be in a “no fault State”. The no-fault insurance rule, then you will need to know what it is and how it can be applied. First a no-fault insurance provision is an option when you sign up for insurance. What this means is that you have an “opt out” clause that kicks in only in the event of an accident. If you opt-out and are in an accident, fault is not a determining factor on liability. The driver with the no-fault insurance clause simply turns exclusively to their own insurance to cover the damages to the car and themselves. This sometimes reduces litigation times and can get you back on the road faster. However, this also means that you do not have a chance to pursue legal action against the other driver unless certain criteria are met. These criteria include –
If the damages done to your person, injuries, end up costing you more than $1,000 you can directly pursue a claim against the at fault driver.
The second criteria is if the accident qualifies as serious under State law. Essentially to qualify for an exemption from the no-fault insurance rule, the accident has to result in serious injury which includes permanent disfigurement, fracture to a weigh bearing bone, a displaced fracture, any permanent injury, or permanent loss of body function.
All of these are serious conditions, which should result in the waving of the opt-out provisions of your insurance plan because it is going to take time, and serious expense, to get your health back to a sustainable living level. In cases like this it is critical that you file your lawsuit for personal injury quickly, with all the facts to back up what you are claiming. According to car accident laws in NYC, you have a very limited time to file a personal injury lawsuit. In most States that you have exactly one year from the date of the accident to file a personal injury lawsuit. In other words, you need to get an attorney involved immediately so that we can get you past the no-fault insurance provisions and makes sure to get your case filed in a timely manner. If you are unable to do one or both of those, you may end up owing thousands of dollars in medical bills for your own health and recovery.