Getting into a car accident is stressful. Medical bills might be adding up, and you may have lost wages from missed work – on top of your pain and suffering. What if the crash was someone else’s fault? What are your rights?
The short answer is that you likely have legal options for recovering compensation after a car accident, especially if it was caused by another person. Read on to get an understanding of your rights.
“No-Fault” vs. “At-Fault” States
Your rights could depend, in part, on whether you are in a “no-fault” or “at-fault” car insurance state. It’s important to make this determination early on in the process so that you can know how to proceed.
Most states have “at-fault’ systems. In these areas, drivers can file insurance claims and/or lawsuits against those who are responsible for their crashes. They can also file these claims and lawsuits for full damages.
California and Texas are two examples of “at-fault” states. Each state requires motorists to purchase minimum amounts of insurance, including liability coverage. When you’re involved in a car accident that wasn’t your fault, you may file what is called a “third-party” insurance claim against the at-fault driver’s policy (or a lawsuit against the driver in court, as mentioned).
However, in a “no-fault” state, things work a bit differently. Generally speaking, drivers must turn to their own insurance carriers for (limited) compensation. Only if they suffer a serious injury or if another exception applies can they take legal action for full damages against the other party.
Available Damages
You can generally recover two primary kinds of damages through a car accident claim against the responsible party: economic and non-economic.
Economic damages reflect the financial losses you have suffered, including:
- Lost wages
- Medical expenses
- Property damage
Non-economic damages represent the other kinds of losses you may have incurred, such as:
- Pain and suffering
- Loss of quality of life
- Conditions like PTSD and depression
Note that in a “no-fault” state, you can only get limited benefits (usually partial lost wages and medical expenses) under your insurance policy. However, if you can escape the “no-fault” rules, you can pursue compensation for all of your damages.
Shared Responsibility
Sometimes, more than one party shares the blame for a crash. For example, one driver might have been speeding, but the other may have failed to come to a complete stop before turning.
States differ on how they address this issue of contributory fault. Many have what is called a “pure comparative negligence” system, where an accident victim’s damages are reduced based on their percentage of fault.
A larger number of states have “modified comparative negligence” systems. These work exactly like “pure comparative negligence,” except that there is a cut-off (either 50% or 51%) where a victim would be barred from receiving damages.
Just a few states have the harsh “contributory negligence” standard where the victim cannot get compensation if they share even just 1% of the blame.
Because of how this issue is managed, it’s best not to accept blame or apologize for a car accident.
A Car Accident Attorney Can Help
After a crash, one of the best things you can do is contact an experienced car accident attorney. Most offer free initial consultations, so you can receive some preliminary legal advice at no charge.
In addition, car accident lawyers generally work on contingency – meaning they only get paid if they win money for your claim.
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