Auto insurance for most states is based upon the concept of fault. If the accident happens in a ‘fault state,’ then the person who caused the accident usually is responsible for paying for repairs, medical costs, pain and suffering, etc. for the injured party.
However, there are some states that are ‘no fault.’ This means that no matter who is at fault for the accident, your own insurance policy will pay for your damages, including medical bills, lost wages, pain and suffering, loss of future wages, etc., up to a certain point.
There is no responsibility determined for an accident in a ‘no fault’ state in most cases because each party’s own insurance policy pays for their damages.
That said, there are cases where you can go outside the no fault system and still file a claim against the other driver. For example, if your medical bills are above a certain level, your state may allow you to file a claim or lawsuit against the other driver. A common number is $3000 – if your damages go above this amount, you may be able to file a claim.
Use our calculator to determine how much you could be owed
Another factor regarding no fault claims is that you cannot make a pain and suffering claim on your own policy. So, if you want to do so, you will need to file the claim against the other driver if your medical damages rise to a certain level.
So, there are many cases where responsibility for the accident in a no-fault state does not occur. But if your damages rise to a certain level and include pain and suffering claims, then you will rely upon the insurance and/or legal system to determine the other party was at fault for the accident and allow you to claim damages from their policy.