The Difference Between Fault or No-Fault States for Drivers
State-by-state car insurance works either under the presumption of fault or no-fault. What is the difference, and which regulations apply in the state of California? Read on for some important info if you are ever injured in a car accident.
What Is At-Fault Insurance?
At-fault insurance means that every accident will have a driver who is deemed the one to blame for the incident. Even if one driver is considered 51% in the wrong and the other 49%, someone has to be chosen as the at-fault driver. This means one driver’s insurance will be responsible for the other driver’s injuries. Your liability insurance will pay for the other driver’s injuries if you are at fault, and your insurance will only cover your injuries if you have personal injury protection (PIP) insurance.
What Is No-Fault Insurance?
In no-fault states, each driver’s insurance will cover his or her own injuries regardless of who caused the accident. In these states, PIP is mandatory (except in KY, NJ, and PA where a person can opt-out in writing). If you cause an accident, your liability coverage will still pay for the other driver’s car, so the no-fault coverage really just applies to injuries.
What Kind of State Is California?
Only 12 states have no-fault insurance, and California is not one of them. The good news is that if you are in an accident and the other person is at fault, your insurance premiums should not increase (in no-fault states, both drivers are affected). The downside is that the at-fault driver’s insurance may contest their driver being at fault, which could delay a payout.
Getting Help in an At-Fault Insurance Case
Whether the at-fault driver’s insurance is dragging their feet paying damages or offering way less than you should be receiving, Petrov Law Firm can help. Out personal injury attorneys specialize in car accident cases, so you can be confident of getting compensated for medical bills, lost wages, pain and suffering, and the like. Just call 619-344-0360 to schedule your consultation.