Robert L. Noa, Attorney at Law

As Massachusetts personal injury attorneys, we combat the imposing costs of medicine, surgery, physical therapy and rehabilitation by pursuing all available avenues of financial recovery so that you can afford the medical treatments your injuries deserve.

We pursue disability benefits or financial compensation by representing your interests at benefits-related administrative hearings and lawsuit-related trial proceedings.

Tuesday, April 1, 2014

Differentiating At-fault and No-fault Accidents

Auto accidents are commonplace in many roads in the United States, and they entail huge expenses for the victims. Fortunately, the law is fair enough to provide the victims with opportunities to be reimbursed for hospitalization cost and lost income, usually from the insurance of the at-fault party. However, in some states, the reimbursement is funded by the insurance of the victim.

U.S. courts vary in their approach on determining whose insurance will cover the damages in an accident. Most states follow the conventional way (at-fault) of holding the at-fault party financially liable for any expenses arising from the crash, except if the victim is found with certain contribution. Other states like Kansas, Massachusetts, and Michigan, however, are no-fault states, meaning the victim’s insurance immediately cover the incurred expenses.

At-fault and no-fault approaches have their own benefits and drawbacks. In an at-fault approach, the victim may have trouble getting reimbursed if the other driver denies the charges. On the other hand, while no-fault approach may reimburse the victim with all the expenses, it may soon be taken back from him through increased premiums.

In cases where the injury sustained by the victim is too severe, the law allows the victim to seek compensation regardless of whether he’s living in a no-fault state. This is often the case when the victim is crippled or becomes incapable of working. The at-fault party, if proven guilty of the negligence, covers the expenses with his insurance.

 
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