5 Tips to Winning a Claim in a No-Fault State

by Rebbeca Binder on November 9, 2013

Most people in America live with the understanding that if they’re involved in a car accident due to a negligent driver, the negligent driver’s insurance company will have to provide compensation. In a minority of states, however, this isn’t always the case. In “no-fault insurance” states, the insured person’s insurance company actually has to pay for their policyholder’s losses suffered due to an auto accident. This is a complex structure that most aren’t used to, so it’s imperative for individuals in these states to understand the best steps to take to be successful in these situations.

1. Seek Immediate Medical Attention

It seems almost common sense to seek medical attention after an accident, but unfortunately, the stress and adrenaline that comes along with these accidents can lead a person to not fully recognize the injuries that they’ve sustained. Sadly, the few days between a person’s accident and when they seek medical attention can be detrimental. Insurance companies will often try to assert that an injury was unrelated to the accident and occurred some time thereafter.

2. Follow Doctor’s Instructions

An injured person should also follow all of their physician’s instructions. If they don’t, an insurer can claim that the injury must not have been as serious as the victim initially let on. Additionally, they can claim that a person’s continued pain and injury is a consequence of them ignoring their doctor’s orders. It’s best to meet this challenge head on before it ever arises.

3. Obtain and Keep Good Records

It’s also imperative for an accident victim to hold onto all of their medical records. Insurers in no-fault states, and every other state for that matter, will want copies of everything medically related that they’re required to provide compensation for. Without these records, an individual isn’t likely to get the financial recompense that they deserve.

One auto accident in Orlando law firm states that even for “minor injuries, a no-fault insurance claim may be made to allow you to get a portion of your lost wages covered and to get your medical bills paid.” Keeping good records will be important, even to a claim for these small injuries that can be obtained.

For more minor injuries, a no-fault insurance claim may be made to allow you to get a portion of your lost wages covered and to get your medical bills paid. – See more at:

4. File Claim in a Timely Manner

It’s also essential to file a claim as soon as possible. Every state has specific deadlines related to filing a claim, and once this deadline passes, the victim is likely out of luck. This is one of the many reasons that a person should hire an attorney to help them in their quest for compensation. Legal professionals will know these deadlines and be able to properly file claims on time.

5. Know State-Specific Laws

Maybe one of the most important tips to winning a claim in a no-fault state is to understand the state’s specific laws. Even though a minority of states require this type of insurance, each state has its own rules. If an accident occurs in Orlando, FL, for instance, the victim of the accident may still be able to sue the negligent driver for damages. This will only occur, however, if the injuries sustained meet a certain level of seriousness.

In other states, such as Hawaii, however, a driver can only bring forth a suit against a negligent driver if their financial losses, medical bills included, reach a certain threshold. Once again, it’s imperative to have an attorney in either of these situations. An injured victim will often have to take on two insurance companies in these instances, and the legal aptitude of these companies often overtakes victims who aren’t represented legally.

The insurance laws in no-fault states definitely seem convoluted, but with the right preparation and knowledge of the law, a person can successfully file an accident claim in a no fault state. Whether filing for an auto accident in Orlando or Detroit, count on the fact that insurance companies are in the business of making money, and if this means that they need to try their best to find any reason to deny a claim, that’s what they’ll do. In these cases, having an attorney is essential, and legal help especially comes in handy since it’s still possible to get compensation from a negligent driver in some instances.

Rebbeca Binder

Rebbeca Binder

Rebecca Binder is a stay-at-home mom to two daughters. She has been a freelance writer for five years and enjoys writing on topics relating to law and consumer information. Aside from her writing and family, her hobbies include playing piano and fitness.
Rebbeca Binder

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