A lot of people don’t understand “no-fault” insurance. There are 2 requirements involved:

*It mandates that drivers maintain insurance for their own protection

*Limitations are placed on the lawsuit ability versus opposing drivers for sustained damages

With a no-fault policy,you would be reimbursed for damages incurred up to the limits of your policy. This monetary figure occurs regardless of whether or not you were at fault in the accident. If other drivers were involved, they would have coverage with their own policies.

In a system that is a true no-fault one, the driver or the vehicle would receive complete coverage with the insurance policy. In addition, the driver would not have the right to sue another vehicle’s driver for damages.

There are currently 12 states utilizing a no-fault system, and interestingly, none have a pure no-fault model. States institute a hybrid model of no-fault mixed with the standard liability model. Lawsuits are permitted in certain instances, and it’s a good idea to read about your individual state’s model.

No-fault insurance benefits? No-fault insurance guarantees drivers medical care access right after an accident. One of the main intents with the system was to reduce the legal and administrative fees associated with insurance claims. In theory, the insurance premiums should go down in this situation.

Due to remaining liability issues as no state has in place a true no-fault mode, one’s insurance premiums do tend to go up however. Personal injury protection is one term that is used to refer to no-fault. Numerous states include varying coverages with this, but most involve injury expenses such as medical costs, funeral expenses, wages, and death benefits.

No state uses a pure no-fault model, and drivers can still be held responsible financially in some instances. Certain states allow lawsuits when the case reaches a certain dollar amount, while other states allow lawsuits based on severity standards.

Critics of the system argue that reckless or negligent drivers are not punished sufficiently. Also it is routinely seen that insurance premiums in no-fault states are the highest in the US. Proponents of no-fault insurance state that in areas with a high number of uninsured drivers, parties at fault are often unable to pay liability damages anyway. Also, those in favor say accidents are inevitable, so why punish those at-fault necessarily?

Three of the no-fault states allow drivers to decide between this system and a traditional tort system. Kentucky and New Jersey allows this decision, and if the driver does not decide he or she is assigned the no-fault option by default. The opposite is true in Pennsylvania, where the full tort option is the default.

Several states have taken away their no-fault laws. In the 1970′s 2 dozen states put laws into effect, and at this point only half have kept them.

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Personal injury protection, also termed PIP, represents insurance coverage that people obtain to assist with covering medical bills and other expenses after a motorcycle, truck, or car accident. If one has it, the insurance covers expenses regardless of whether or not the individual was at fault.

In some states, personal injury protection is mandatory, while in most it is optional. Usually PIP will not maintain coverage for farm equipment injuries, off road or recreational vehicle injuries, or mopeds. Often racing activities are excluded, and if the person was committing a felony while in the crash, that would probably be excluded too.

PIP is often called “no-fault” coverage, as it is designed to be paid out regardless of fault or legal responsibility. An insured’s premium is not supposed to increase when a PIP claim takes place. Personal injury protection covers anyone named on the policy along with anyone who is blood related in the house (or a legal guardian situation). If the accident involves non-family passengers, they are covered as well. Covered expenses may include medical expenses of any sort to funeral expenses.

At times a personal injury protection policy may include uninsured motorist coverage, or that may need to be obtained separately in some states. If the person at fault has no insurance, he or she will most likely not be able to pay for the damages and medical expenses, so the uninsured coverage may be just as important as the PIP policy itself.

If you are a younger driver your PIP policy in a state where it’s not mandatory may be more expensive than average. This is a statistical calculation based on younger drivers more often being involved in car accidents more frequently. Regulations for Personal Injury Protection vary depending on the state in which one lives. PIP is mandatory in the following states: Utah, Oregon, North Dakota, New York, New Jersey, Minnesota, Michigan, Massachusetts, Maryland, Kentucky, Kansas, Hawaii, Florida, Delaware, Colorado and Pennsylvania. In two states, Texas and Washington, it is mandatory unless a waiver is signed at the initial policy purchase.

The exact insurance will vary between states. Some insurance may cover massage and acupuncture, while others may not. In certain states, it is ok to have a worker’s comp claim along with a PIP one. Personal injury protection limits have a broad range of coverage among states, varying from $1500 up to around $250,000. Individuals should submit their own health insurance info when seeking treatment, as this will allow a larger settlement for the person at the case end.

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If you are hit by another vehicle in an auto accident and you sustain personal injuries with the fault being another person’s, you may be eligible to get money damages from that invididual. If the person’s auto insurance carrier agrees to fund the cost of your injuries and accept responsibility for your property that was damaged, it may not be needed to hire a personal injury attorney.

However, if the person responsible is not cooperating or you find that the insurance company will not pay you fairly, it may be in your best interest to hire a personal injury attorney experienced in leveling the playing field for you and getting you the money you deserve.

Becoming a lawyer involves learning a different mindset of thinking. Similar to a chess player who learns how to think multiple moves ahead, PI lawyers with lots of experience anticipate the insurance company moves, putting your interests at play. The leverage the auto insurance companies have by dealing with you directly can be negated by your own “chess player” attorney.

Veteran PI lawyers usually know what your case is worth by weighing all of the direct and indirect injuries and having the experience to know the potential worth. Knowing these factors may maximize your settlement, making sure money is not left behind. Most PI lawyers work on a contingency fee, which means they do not get upfront money and have a stake in the result. If the case fails, the victim will not have to pay anything.

Have you heard of cases where insurance companies use pressure or delay tactics to force a bad settlement? Do not bend to these tactics. Your case just may be more complicated than you know.

For instance, the insurance company at fault may offer to pay for your vehicle’s damages completely and then reimburse dollar for dollar medical expenses? Isn’t that sufficient? The answer is no, it’s not.

Once your car is fixed completely, it will not be worth what it was before the accident. This is termed diminished value and should be negotiated into a settlement. When you eventually go to sell your vehicle, the damage history will become evident and will factor into the auto’s value. Having received money from the diminished value calculation will help ease the pain of that calculation.

People should do what they do best, and not become attorneys when it comes to their own personal injury cases after a car accident. Only in simple circumstances should you deal with the opposing insurance company by yourself.

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Over 6 million auto accidents occur annually in the US. These range from fender benders to cars being totaled with fatalities. Every 13 minutes, someone dies in the US from a car accident.

If you end up in an auto accident, it is vital to stay calm and follow certain advice which may stabilize crash victims and prevent an accident after the accident.

1. Keep Safety the Number One Priority. If the drivers have sustained minor injuries, then vehicles should be moved to the roadside, away from oncoming traffic. Additional incidents may occur if the vehicles are left in the middle of the street or in a busy intersection. If the vehicles are in a situation where moving them is not possible, stay in your vehicle with the seat belt fastened. You should call for assistance and wait. Run your hazards and if you have flares or cones, place them out in very visible areas.

2. Maintain an Emergency Kit in the Glove Compartment. The kit is not simply for first aid items. In the kit should be pen and paper for notes, a disposable camera for photos, a contact list for law enforcement agencies (although 911 is as good as any list), and a card with information about medical allergies and conditions that may be helpful to medical personnel should the accident be serious. Also a flashlight should be in the glove compartment. In the trunk keep some cones, warning triangles, and emergency flares.

3. Exchange Information. Make sure to trade all pertinent information including contact info, insurance policy number along with license plate number. Make a description of each car and draw the exact location and how the accident happened. Maintain composure, but do not admit fault. Also, if there are witnesses around it’s a good idea to obtain names and contact information.

4. Photograph the accident damage. Pictures relay the damage well. Take pics of both cars from multiple angles.

5. File an accident report. A police report could help a lot with speeding up your insurance claim process. It will be one of the primary elements your insurance office will ask about. Even if the police do not arrive because no one was injured, you should file one, even it is simply a state vehicle accident report.

Keeping these 5 tips in mind will assist with preparation should you be in a car crash. Most likely it will happen at some point, so better to be prepared.

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When choosing a personal injury lawyer after an auto accident, the decision should not be taken lightly. This decision could mean a plus or minus of thousands of dollars in your bank account come settlement time. It may also mean the difference between sleepless nights with one of those “did I screw up this decision” to sleeping like a baby knowing you are in good hands.

Here is what to look for when making your decision of who to work with as a personal injury attorney.

Don’t simply look for the largest billboard around and pick an attorney off of it. That lawyer may not be suited truly for you, and could also be too busy to handle your case personally. You might get pushed off completely on to a junior associate who has neither the knowledge or experience to represent you in the best fashion. They may have scripted mandates of how to run the case, which is probably not in your best interest.

2. Ask your family and friends if they have had a claim and how the experience turned out. What better way to get information than from them?

3. What kind of statistical success has your attorney had with recovering damages? You really want a proven attorney with a track record of standing up for his clients enough to take a case to court if necessary. Ask about the court cases and results.

4. Professional societies and organizations. Which one does the prospective attorney belong?

5. Does the lawyer charge any upfront fees for the case? Most don’t, but some do. Having the lawyer work on a contingency has that person then maintain “skin in the game” and generate more interest since the outcome is very important.

6. What’s the experience of the attorney in personal injury cases and how much of the practice is devoted to it? If it is basically a hobby and a small part of the practice, probably best to keep looking.

7. Attorney’s philosophy. If the philosophy appears to be sign up as many as absolutely possible and then push off on the junior associate, keep looking. If the philosophy is to work closely with you and then the law firm takes a “hit” at the end of the case to get you a better settlement, then finish the meeting!

8. Stay away from firms relying too heavily on contract runners. You should sit down face to face with the potential attorney to discuss your specific case and sign the contract. This might be the most important meeting you have with your lawyer. There are higher volume firms that use contract runners and refer to them as investigators. You could meet with one, but you should truly meet with the lawyer prior to signing a contract.

9. Ask the lawyer if they will be willing to drop fees at the end of the case to get you more money. A PI attorney may make more than the client. Doesn’t sound fair does it? This happens when the lawyer takes the full contingency, and then the medical bills suck up the rest of the settlement. The client may not break even and end up still owing money on medical bills! Ask if they will cut fees so this does not happen. If not, move on.

10. If your case includes a property damage claim (vehicle) ask your attorney if they will handle this for free, assist with getting a rental vehicle, and take care of dealing with the insurance company that is paying for the issues with your vehicle.

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