No-Fault Insurance Claims

Did you know that there are 13 states that have a no-fault approach to insurance claims? What it means is if you are in a car accident, your insurance pays for your damages and the other party’s insurance pays for theirs. You may think this is simple and it was supposed to help lower premiums, however it was going to place a lot of workload on the insurance companies – this places a lot of faith in the fact that insurance companies are going to want to pay out money. It was meant to remove any need to go to court.

Any car accident lawyer, such as the ones available at The Law Offices of Daniel E. Stuart, P.A., is going to be able to inform you that things do not always work the way we would like them to. There are times where a car accident is so severe and the injuries are so severe that the party's insurance will not cover all expenses. In cases like those you would need to contact a car accident lawyer so that they can help you file a claim against the other party or parties insurance company.

Furthermore, all motorists have to carry car insurance that has personal injury protection benefits to me: PIP benefits are going to be to compensate the injured party for car accident related injuries, lost wages, medical care, rehab and more. You receive PIP benefits no matter who is at fault but these are limited benefits and they are always given to you but they are not always enough to take pain, suffering and emotional distress into account.

Oftentimes the expense of a car accident and injury risk exceeding the PIP limits. Sometimes insurance companies are going to pay out 85% of lost wages which is roughly 900 per month for a year; and this might be enough if you’re used to a higher income than this is a pay cut. Another example where PIP benefits may fall short is the fact that Kansas law, for example, requires a minimum of $3,500 in benefits for medical care — and we all know that medical care costs way more.

Talk to a car accident lawyer in your area about your accident and your struggles. You can often make a claim or sue if you need to for out-of-pocket expenses, which is where your car accident lawyer comes into play. When filing a claim you must make sure that your emotional loss, otherwise known as your economic damages and noneconomic damages, is clear. If your medical expenses exceed $2,000 or more, you have a permanent disfigurement scarring; you have fractured to a weight-bearing bone such as a tibia, the loss of a body part, if permanent injury with the medical reasonable probability, permanent loss of bodily function or death are all precursors for filing a lawsuit for out-of-pocket damages.