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No Fault Insurance: A Case Study
by Ina Segurian
http://www.gapinsurances.com

Did you know that if you live in one of the states that
are under a non-fault insurance system that your
insurance company will not pay for the other parties'
damages, even if you are at fault?

If you live in a No-fault state (DC, FL, HI, KS, KY, MA,
MI,MN, NJ, NY, ND, PA, UT) that means you live in a
state that both requires drivers to carry insurance for
their own protection and places limitations on their
ability to sue other drivers for damages. Your auto
insurance company willpay for your damages (up to your
policy limits), regardless of who was at fault for the
accident. Any other drivers involved will be covered by
their auto insurance policies. Since all are required
to carry insurance, in theory, there should be no
uninsured motorists in those states. Stop laughing -
the term "in theory" was used!

These states opted for the no fault insurance system
because it guarantees every driver immediate medical
treatment in the event of an accident. Further, it's
intended to reduce the legal and administrative fees
associated with insurance claims. Again, in theory,
this should equate to lower premiums. Unfortunately,
often times the liability issues that still remain
will actually drive premium costs up.

No matter which state you're in, however, drivers can
and will be held responsible for injuries that they
cause...even in no fault states. Depending on the
state, drivers can be held liable for injuries if the
injuries are severe enough.

What follows is an example of a no fault case. In this
case, a person lived in a 4-plex apartment building
with a 4-stall garage and a 4-stall uncovered driveway.
Often, neighbors used the wide driveway to turn around
before heading out into the street.

One day one of the tenants pulled out of her garage
space and began the process of turning around in the
driveway. She felt and heard a bump and a scream. She
opened the door and realized that there was someone
under her car. She immediately went into her apartment
to call 911.

While in her apartment, a neighbor from across the
street, having seen the accident, ran over and was able
to move the car enough to allow the victim to crawl out
from underneath. The driver was convinced that she had
caused her neighbor some serious injuries.

Fortunately, however, the victim was not injured and
insisted to the police and ambulance that she did not
want to go to the hospital. They insisted, however and
she agreed to go. Fortunately there were no broken
bones or internal injuries. Apparantly she had been
sunbathing in the driveway and was out of sight of the
driver.

The driver felt responsible and terrible and wanted to
help her neighbor by making it up to her. So she
her insurance company to report what happened. Her
insurance company, while toalking to the lady, learned
that the victim had her own insurance and car. Since
they were in a no fault state, the driver was told that
the victims own insurance would have to cover any
claims, regardless of who cause the accident.

Interesting theory, no?

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