After an injury, getting your compensation is vital. For many people, it doesn’t matter where that compensation comes from. Rather, they’re concerned about whether it’s enough to recover from their injuries and expenses. So, when it comes to lawsuits and no-fault insurance claims, what’s the difference?
When you’re trying to recover from a major injury, the distinction matters because it will change how you need to pursue your claim. There are distinct laws and regulations that can affect the timing, paperwork, and duration of the process. If you’re confused while researching which option is right for your scenario, reach out to a qualified injury lawyer.
No-Fault Applies to All Drivers
If you’re injured in a no-fault state, such as New York, you’ll be dealing with a different set of laws than you might expect from other states. When we think of a car crash, for example, we think of fighting for compensation in court and possibly losing our compensation. That’s not the case for no-fault states.
In no-fault states, you’re covered by personal injury protection (PIP) insurance. This means that, even if you caused the accident, you should be eligible for a settlement. This method ensures that drivers are able to recover without needing to go to court. Rather than a lengthy process in court that leaves one driver paying for the expenses, the insurance companies simply handle the expenses.
This doesn’t mean you won’t be able to take your claim to court, though. You might be denied the settlement you need, or you’ve suffered a serious injury that exceeds the limits of your insurance policy. In these cases, you might need to file a civil lawsuit for your injury.
Fighting for Your Claim
If your insurance policy doesn’t cover your injuries, you’ll need to file a claim for the compensation you’re owed. Unfortunately, that also means that fault will matter. You’ll have the chance to seek compensation for the suffering you’ve endured, both economic and non-economic, but you’ll also need to protect your claim from accusations of fault.
For example, let’s say you were injured by the other person’s actions, but you were distracted before the accident, meaning you weren’t focused enough to avoid the wreck. The defense might claim you were 10 percent at fault.
If you don’t fight back, you could lose 10 percent of your compensation. If you’re awarded $100,000 for damages, then you’d lose $10,000 of your compensation. That’s a significant difference that can affect how you recover.
Which Option Is Available for Me?
Depending on your state or your injuries, you could be dealing with a civil lawsuit or no-fault insurance. What’s the difference, though? How will these options affect your case? Unfortunately, if you’re not prepared for your claim, it could affect the total amount of compensation you receive.
Fortunately, a lawyer from Greenstein & Milbauer, LLP can help you weigh your options and how you might need to address your claim. If you’re not sure how to proceed, speak to our lawyers during a free claim review. We’ll help you understand the claims process and how we’ll work to build a strong case in your favor.
To get started on your lawsuit or insurance claim, reach out to our attorneys for help. Call 1-800-VICTIM2 (842-8462) or complete the online form below to get started.