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The Differences between Fault and No-Fault States

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The Differences between Fault and No-Fault States

The Differences between Fault and No-Fault States

When it comes to road traffic, the US is considered one of the busiest countries in the world, with nearly 264 million registered vehicles on the road. In 2017 alone, there were 34,247 cases of fatal auto accidents.

That being the case, learning about insurance policies and laws related to auto accidents can help you to understand your rights and exercise those rights if the need arises.

In the United States, the type of insurance coverage and legalities pertaining to auto accidents differ from one state to another. A majority of states use a fault-based insurance system; while others have no-fault laws in effect.

But what’s the difference between fault and no-fault states? Let’s find out!

No fault States

No fault states, as the name suggests, follow a no-fault insurance system under which an individual who suffers from an auto accident is compensated by their insurance provider, up to a specified limit. The key point to note here is that damages are awarded regardless of fault.

Usually, no-fault insurance claims eliminate the requirement of initiating a legal process against the negligent party. An individual who sustained injuries receives compensation for their medical expenses and lost wages from their insurance provider.

Currently, there are 12 states that follow no-fault insurance laws. These states are: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

At fault states

States that adhere to fault insurance system follow tort liability; this requires the insurance companies of each party to pay according to the degree of fault of each party.

For instance, if a victim of a car accident is determined to be 25% at fault, then they are liable to pay 25% of their bills and the remainder 75% will be covered by the insurance company of the negligent party.

As mentioned previously, a large number of states in the US follow the at-fault insurance system. The list includes: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Georgia, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Rhode Island, Tennessee, Vermont, Washington, West Virginia, and Wyoming.

Tort States that Offer Personal Injury Protection include Arkansas, Delaware, District of Columbia, Maryland, Oregon, South Carolina, South Dakota, Texas, Virginia, and Wisconsin.

Do you need a lawyer?

If you have become a victim of an auto accident and are seeking compensation, it can be highly beneficial for your case to acquire the services of an experienced lawyer. Having a lawyer by your side will ensure that your legal rights will remain protected.

Remember, when it comes to distinguishing between fault and no-fault states, it’s not important which state you live in; where the incident actually took place decides which laws are applicable to your case.

Your lawyer will help you navigate through complex laws relevant to your case and ensure that you receive maximum protection for your loss and sufferings.


If you are looking for an experienced personal injury attorney in South Easton MA, contact Mark Novinsky to understand your legal options. Mark Novinsky has 16 years of experience as a civil litigation expert in Massachusetts.

To learn more about fault and no-fault states or schedule a free evaluation of your case, get in touch with Mark Novinsky by calling at 617-4-INJURY.

Visit the website today for more information on my services or to hire my services for personal injury lawsuit in Massachusetts.


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