Fault Versus No-Fault

"No-Fault" refers to the laws set by several states that restrict the right of a person to sue in regards to accidents that do not meet a certain required threshold, either in the form of severity or in the form of monetary amounts. Only if the injuries suffered by a motorist are severe enough will the motorist meet the certain conditions required to sue. This limit may be expressed in verbal terms or in the amount of medical bills. Some states require that there be a minimum requirement for the number of days of disability incurred as a result of the accident. These high thresholds help to ensure that costs are lowered and there are fewer delays in paying claims. Currently, there are twelve separate states that have no-fault auto insurance laws. Florida, Michigan, New Jersey, New York, and Pennsylvania all have the verbal thresholds. Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota, and Utah all have monetary thresholds. The specific law varies by state.

If you have been involved in an auto accident and may need legal assistance, consult with an Auto Accident Attorney in your area for a free case review to explore your legal options.

Fault refers to all types of accident where someone is to be found at fault for the accident. This can include comparative negligence cases where multiple people are found to be at varying degrees of fault for the accident. While drinking and driving can place you at fault for an accident, comparative fault can mean that if you allow someone to drink and drive you are equally at fault for the accident.

Effectiveness of the No-Fault Laws

It should be noted that many insurers favor laws that consist of a verbal threshold, as systems that use a monetary threshold are subject to people making fraudulent claims in order to reach the target value. Since there are very often no provisions in the law for the threshold to maintain pace with the inflation, the usefulness in using No-Fault laws to curb litigation is gradually worn away over time. This can make No-Fault laws extremely ineffective as time goes on.

The wide variation in No-Fault laws, especially in regards to the limits set by the variety of states, makes the issue of No-Fault cases quite elaborate at times. States that have higher benefits also tend to attract people who find ways to cheat and abuse the legal system in order to use it to their advantage. It is debatable as to whether or not No-Fault laws as they stand are as effective as they could be.

If you have been involved in an auto accident and may need legal assistance, consult with an Auto Accident Attorney in your area for a free case review to explore your legal options.

Talk to a Personal Injury Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
Make the Most of Your Claim

Get the compensation you deserve.

We've helped 285 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you