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What Is No Fault Insurance And Do You Need it?

Feb16
2010
1 Comment

Even if you live in a state that requires no fault insurance, you may not completely understand what no fault insurance is, and how it differs from traditional, standard liability (torte) car insurance systems. And if you are relocating to a state that requires no fault insurance, you may even have more difficulty understanding the changes in liability.

Before you purchase a new no fault insurance policy, be sure you understand what no fault insurance is, and understand your state’s specific requirements and your personal needs.

What Is No Fault Insurance?

Currently, 10 U.S. states require no fault insurance (Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota and Utah). Three other regions allow you to select no fault insurance as an option: Washington, D.C., Kentucky and Pennsylvania.

Under the standard liability insurance system, the ability to recover damages is based upon “provable negligence” – the ability to prove who was at fault for your accident. However, under the no fault insurance system, your ability to recover damages from other drivers if an accident occurs is limited. To compensate for this limitation, you are required to purchase no fault insurance. In the event of an accident, your insurance company pays your damages (up to your policy limits), regardless of whom is at fault. Other drivers are covered by their insurance policies.

A pure no fault system would completely cover you in the event of an accident, as well as prohibit you from ever suing another driver. In the U.S., no state uses a pure no fault insurance system. Instead, no fault states use a combination of a no fault insurance and standard liability insurance systems. This means that under certain conditions, lawsuits are permitted.

In most no fault states, drivers can still be held financially responsible for an accident damages if injuries reach a predefined level of severity. For example, there may be a dollar amount threshold for medical bills that must be met before a lawsuit can be file. Or the law may verbally state a broad definition of what type of severe and serious injuries – like death, dismemberment and disfiguration – qualify for torte action.

That’s why it’s important to have liability coverage even if you live in a no fault insurance state.

About Your No Fault Insurance Policy: Personal Injury Protection

Personal injury protection (PIP) is the piece of your car insurance policy that pertains to no fault coverage. Due to state laws, the specifics of personal injury protection vary from state to state. PIP often covers expenses your medical insurance does not, such as co-pays and lost wages – and sometimes even replacement costs (your expense to do something you would normally do yourself). Keep in mind that PIP insurance is not designed to replace your personal medical insurance.

In addition, no fault insurance has no effect on the damages for the automobiles involved in your accident. The insurance companies will still determine liability. If you are at fault and do not have car insurance, both the no fault insurance company and medical insurer can file a lawsuit against you to recover damages. And if you are at fault and don’t have collision car insurance coverage, you’ll still be responsible for repairing your own car.

No fault insurance was designed to protect drivers by providing everyone with medical coverage, as well as reduce legal and administrative costs associated with insurance claims. Under the standard liability insurance system, victims can be left unable to obtain appropriate medical coverage, and physicians may be unable to recover their fees, while parties sort out liability. Ideally, this would reduce car insurance premiums. However, remaining liability issues often cause no fault insurance premiums to be higher than standard liability car insurance premiums.

Shopping for No Fault Insurance

Before you purchase a no fault insurance policy:

• Understand your state’s specific rule, requirements and regulations.

• Create a personal auto insurance profile – a list of the vehicles you own and their safety features, the driving records of anyone using them, where they are driven, and where you live, what you can afford in a premium, and the assets you need to protect

• Compare rates. Talk to several agents to determine what policy offers you the best protection, as well as car insurance premium.

PIP insurance, or personal injury protection, is a part of a car insurance policy that pays up to 000 for medical bills and lost wages. Find out how PIP insurance works, regardless of fault, with help from a licensed insurance agent in this free video on insurance agents and insurance companies. Expert: Doug Leavy Contact: TampaBayInsurance.net Bio: Doug Leavy, of Strategic Insurance, has been in the insurance industry for nearly a decade. He’s licensed in property/casualty, life/health/annuity, mutual funds, and financial planning. Filmmaker: Christopher Rokosz
Video Rating: 5 / 5

Question by Indigo: PIP insurance income continuation benefits for for self-employed worker with a biz loss how income calculated?
If self – employed and showing a loss, how does this affect benefits if injured in car accident ?
Can benefits be denied if there is biz loss on profit loss statement?

Best answer:

Answer by mbrcatz
If you have no wages, then there ARE no lost wages for PIP to compensate you for.

Additionally, if the car accident was for a business related manner, PIP does not apply, due to the Workers Compensation issue, in most states. Even if you exempt yourself from workers comp, the injury is still workers comp payable, and the auto lost wages section doesn’t apply.

Give your answer to this question below!

Minneapolis, MN (PRWEB) December 11, 2004

During the week of December 13 through December 17, 2004, the National Arbitration Forum’s dispute resolution professionals will facilitate voluntary settlement negotiations between parties in disputes involving medical reimbursement for injuries suffered in automobile accidents. The National Arbitration Forum is offering Settlement Week at no cost to the parties.

“Each year, there are more than 20,000 No-Fault PIP insurance arbitration cases filed in New Jersey,” said Curtis Brown, NAF’s General Counsel. “Our Settlement Week offers a chance for those parties to save time and money by resolving their disputes sooner rather than later with the help of experienced neutrals.”

The New Jersey Department of Banking and Insurance awarded the National Arbitration Forum the contract to administer arbitrations for No-Fault Insurance PIP disputes in early 2004.

For more information regarding National Arbitration Forum’s “PIP No Fault Settlement Week” visit the National Arbitration Forum’s website: http://www.arbitration-forum.com.

About the National Arbitration Forum:

The National Arbitration Forum is one of the world’s largest neutral administrators of arbitration and mediation services with a select panel of former judges and experienced senior attorneys providing dispute resolution worldwide. Founded in 1986, the National Arbitration Forum administers more than 50,000 cases annually with offices in New Jersey and Los Angeles in addition to its headquarters in Minneapolis. Access additional information at the National Arbitration Forum’s website at http://www.arbitration-forum.com or on the NAF Blog at: http://arbitration-forum.blogspot.com

###



N.J. commissioner seeks PIP managed care bill. (New Jersey Banking and Insurance Commissioner Elizabeth Randall, personal injury protection): An article … & Casualty-Risk & Benefits Management

This digital document is an article from National Underwriter Property & Casualty-Risk & Benefits Management, published by The National Underwriter Company on September 23, 1996. The length of the article is 686 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The New Jersey Department of Bank

List Price: $ 5.95

Price:

Posted in PIP Insurance - Tagged Insurance, Know, Need

Michigan No Fault Insurance – Car Accidents & PIP Benefits

Jan17
2010
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Personal Injury Protection (PIP) insurance benefits are benefits available to people who have been injured in car accidents. Because PIP benefits are provided by your insurance company in accordance with the Michigan No Fault Act, they are often referred to as No Fault insurance benefits as well.

PIP benefits are available to any insured person who has been injured in a car accident. They are available without regard to fault, which means you can collect PIP benefits whether you caused the accident or whether you were the accident victim. This is another reason they are called “No Fault” benefits.

PIP benefits include the following benefits:

-Medical Bills, Prescription Costs, and Expenses

Payment of lifetime medical expenses, doctor bills, rehabilitation expenses, and prescription expenses for injuries caused or aggravated in a car accident.

-Wage and Income Loss Benefits

Payment of lost wages and income for accident victims who are unable to return to their employment due to injuries suffered in a motor vehicle accident. Payable up to three years after the accident and can be received if a person is “temporarily unemployed” or “actively seeking employment.”

-Household Chores / Replacement Services

Payment for household chores and assistance performed by a family member or another individual. Includes payment for doing laundry, housecleaning, mowing the lawn, and taking out the garbage. Payable for up to three years after the accident.

-Survivor’s Loss Benefits

Payment of benefits, including funeral expenses, lost wages, and others to family members of an individual who dies in a motor vehicle accident.

-Case Management Services

Payment of services for a nurse case manager to assist the accident victim with medical needs, including coordination of care, after a car accident.

-Medical Mileage / Mileage Expense Benefits
Payment for travel expenses to and from medical appointments, hospital visits, and physical therapy appointments.

-Home Modifcations / Home Accommodations

Payment of benefits to have an existing home modified or a new home built to accommodate the social needs of a person seriously injured in an accident.

-Special Transportation and Van Modification

Payment for a van or specially equipped van or vehicle to take the accident victim to and from their medical appointments.

Although some of these benefits have fixed amounts the insurance company will pay, many of them are based on what is reasonable and necessary in light of the accident and your injuries. For example, your insurance company is obligated to pay all reasonable and necessary medical expenses caused by the accident until the injuries heal. This is not the case with household replacement services, which are limited to a maximum of per day for three years after the accident. Even this amount can be substantial, however, since /day comes out to over 00/year for up to three years.

Question by phina: What does meeting your threshold mean when it comes to pip insurance?
I have the limitation to sue coverage on my insurance and the other driver was at fault. I am very hurt.

Best answer:

Answer by Sue
The limitation means that you have to meet the criteria established in your policy to sue the other party. In NJ I believe it is loss of sight or hearing, loss of limb, loss of fetus, a displaced fracture, death, disfigurement, not much else. It is very strict. In other states I am not sure what the list is so you would have to read your policy or ask your agent. You should have read & understood this before you signed your contract.
If you do not meet the criteria, you cannot sue for pain & suffering. The medical bills & possibly lost wages would be paid by your own PIP coverage.
You didn’t describe what “very hurt” means. You also didn’t mention your state. So, no one can guess if you can sue or not.
So, the best person to ask would be your agent, if you have one.

Know better? Leave your own answer in the comments!

Posted in PIP Insurance - Tagged Accidents, Benefits, Michigan, Under

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