There is no automatic right to compensation. Some type of legal guilt will have to be proved against another person if the claim is to be upheld. Can you claim whiplash if the accident was your fault?
What is an “accident without fault”?
In the context of claims for damages, many lawyers refer to redress for “no fault”. This applies to the accident that caused the injuries and which was not your fault.
There is no automatic right to compensation. Some type of legal guilt will have to be proved against another person if the claim is to be upheld. In some cases, you can’t blame an accident, but at the same time you can’t prove that the legal responsibility for the accident lies with someone else.
What if I caused or partially caused an accident?
There are a few cases where you clearly blame yourself for causing an accident. For example, if you lost control while driving your own vehicle as a result of your mistake and had an accident in which no other vehicles were involved. In this case, it would not be possible to make a claim for damages because there is no other person against whom the claim could be made.
Basically, if you have been injured by an accident that was your fault, you will not be able to claim damages unless another person or organization was also partly responsible for the accident.
Claims for damages in states without defects
Almost a dozen states have provisions regarding civil liability for damages resulting from a car accident. In these states, drivers purchase an insurance policy without fault, which includes the cost of medical treatment, physical therapy, lost earnings and other expenses related to injuries sustained in the accident, regardless of who was guilty. This is also referred to as “personal injury protection” or PIP. Vehicle damage is not covered by fault insurance; To do this, collision protection should be purchased. But your required insurance coverage would include damage to the other party’s vehicle.
The scope of medical payments
Another type of insurance for which the defect does not matter is “medical payment insurance”, which – as the name implies – is limited to medical payments for you and your passengers (as well as all family members driving the insured vehicle at the time of the accident) . This means that it includes hospital bills, medical appointments and medicines, but not other related expenses that are generally covered by PIP insurance.
Even if you have comprehensive healthcare – which basically includes hospital care and medical appointments – medical protection in your automotive policy can help you with sureties and also cover passengers.
How to start by making a negligence claim
If you think you may be entitled to compensation for injuries caused by an unintentional accident, your first step should be to contact a lawyer. During the first consultation with a lawyer, which is completely free in our case, the lawyer will get to know all the facts and all evidence and assess the merits of the case.