Liability insurance is a requirement in all 50 of the United States. There are variations on liability insurance, but the two main categories are No-fault and Tort Liability. Washington is a tort liability auto insurance (i.e. “fault” liability) state. It is important to understand the distinction between tort liability insurance and no-fault insurance when filing your personal injury claim. Presently, 38 states are tort liability states and the remaining 12 are no-fault. There are certainly pros and cons to both, but, given that the vast majority adheres to the tort liability system, it appears that one is superior. The following breakdown is intended to provide just the foundation of how Washington’s tort liability system works and how it can be distinguished from its counterpart.
NO-FAULT LIABILITY
The primary
benefit of no-fault insurance is that the injured driver does not bear the
burden of proving the other driver is at fault or civilly liable for his medical
and other various expenses. This process can be time consuming and expensive. The
liability insurance each driver carries in no-fault states pays for the
insurance policy holder’s injuries regardless of who caused the accident. While
this system has the benefit of compensating victims who have insurance, and
simultaneously sparing them the task of proving fault, the downside is that the
not-at-fault injured party forfeits the opportunity to bring a civil lawsuit against
the responsible party for pain and suffering and emotional distress. Liability
insurance may cover medical bills, lost wages and other expenses, but it also
seals the end of the case. Many drivers who are injured have a valid case which
is barred following recovery. The 12 states under the no-fault system are:
• Florida
• Hawaii • Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New York
• North Dakota
• Pennsylvania
• Utah
On the other hand, the remaining 38
states have some form of tort liability insurance. In a “fault” liability
state, establishing which party is at fault is essential to recovering damages.
At the same time, there are fewer restrictions to recovering full damages for
all injuries. An injured party can file a claim with her insurance company, and
still later file a lawsuit against the driver for pain and suffering or
emotional distress. The injured party has more choices. She can: 1) file a
claim with her own insurance company for medical expenses, 2) wait to recover
while attempting to recover from the other driver’s insurance company or 3)
file a personal injury lawsuit against the other driver. Furthermore, in “fault”
liability states, insurance companies will pay depending on what percentage a
driver is at fault. Because there are less restrictions on how to recover in
Washington, if you feel that you were not adequately compensated by you or the
other driver’s insurance company, you still have the option of pursuing a
personal injury claim in court.
For more
information, consider contacting a Seattle Personal Injury Lawyer.
Weitz Law Firm
520 Kirkland Way, Suite 103 Kirkland, Washington 98033
www.weitzlawfirm.com
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