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No-Fault Insurance Law

What is no-fault insurance?

No-fault insurance is typically a type of insurance contract that states that the insured person will be indemnified for any losses, regardless of their fault, by their own insurance company. It is quite similar to first-party coverage. This means that the policy will pay the person and their passengers without them having to prove that they are at fault for an accident. Listed below are questions answered by the Experts about no-fault insurance.

In the State of Utah, which is a no-fault insurance state, what should a person do if their car gets stolen and is part of an accident?

In the State of Utah, if a vehicle gets stolen, the owner of the vehicle would need to inform the insurance company immediately of the theft as well as the accident, along with any lawsuit that may have been filed as a result of this. If there is a lawsuit, in most cases, the insurance coverage would pay for it. But the person should try and get it dismissed since the insurance claim is not yet processed.

In the State of Hawaii, if a person is in an accident that is their fault, would they be responsible for reimbursing the insurance company for all the repairs that they paid for?

Since the State of Hawaii is a no-fault insurance state, if the driver was at fault for the accident, they would be responsible for all repairs paid for by the insurance company. This is due to the fact that the no-fault insurance law in Hawaii is applicable only for injuries and cannot be claimed for vehicle damage. For more information, visit: http://hawaii.gov/dcca/ins/consumer/consumer_information/mvi

How can a person get a fair settlement with a no-fault insurance which writes off their car as being a complete loss?

When an insurance company evaluates a car after an accident, they determine its value at the time of the accident and not at the time of purchase. In most cases, a person can calculate the value of the car based on the rules laid down in a consumer resource guide known as the “Blue Book”. The person can then provide the insurance company with factual evidence of the vehicle that include comparisons, valuations and so on to build a case for it not being a total loss.

In the State of Michigan, what is the statute regarding the mini tort?

In the state of Michigan, what is the statute regarding the mini tort is as follows; ”Limited property damage liability, known as the mini-tort exception allows for accident victims to recover up to $500 of their vehicle repair costs. Under the no-fault laws, the State of Michigan has mandated coverage for personal injury protection, property protection such as road signs, fences and buildings, and residual liability coverage for cases where death or injury are involved. The state does not, however, require collision coverage. That is where the limited property damage liability or mini-tort provision comes into play. There are varying degrees of collision insurance, but generally speaking it covers the cost of repairs to the driver's own vehicle. Repairs can get costly. If you are without collision coverage on your car, or your coverage is limited, and you are less than 50 percent at fault for the accident, you can recoup some of your out-of-pocket costs to fix your car via the mini-tort. How much you can recover depends on how much fault you bear. For example, let's say the damage to your car amounts to $100 and the other driver is deemed 75 percent at fault for the accident. Then he or she would pay $75. These cases are normally handled in a Small Claims court, but either party may ask to have the case moved up to a higher jurisdiction. At present, the mini-tort is capped at $500. However, a bill to increase the allowable damages to $1,000 was introduced in the Michigan House last summer and has been subsequently referred to the committee on insurance.”

No fault insurance helps people determine what they are to pay and what the insurance company is to pay. When there are questions regarding no-fault insurance laws, then they would need to contact an Expert to again the answers that they would need.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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7 Lawyers are Online Now

How JustAnswer Works:

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Tina
Lawyer
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JD, BBA Over 25 years legal and business experience.
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25 years of experience helping people like you.

Recent No Fault Insurance Questions

  • I was deamed responsible in a parking lot finder bender ( Florida,

    I was deamed responsible in a parking lot finder bender ( Florida, a state which rquires PIP and no Fault insurance) . The the other person had moved to florida and not changed her tags or insuraance and therefore has no "no fault insurance" . I was determied to be at fault and the other individual has obtained an attouney and is claimig soft tissue injury. My insurance covers 25,000 and has said they will pay the claim. My question is if they are seeking more than the difference can they collect with a court judment and require me to sell my house (I own it free and clear) and my car? I have no other assets other than a 401k plan.
  • I have no fault insurance in Detroit, MI. My car was rear-ended

    I have no fault insurance in Detroit, MI. My car was rear-ended while I was at a legal stop. Even though I don't have full coverage are there any other options for me to get compensated for the damage to my car. The damages estimate to be at least $2000. The driver that hit me had insurance but I don't know yet if it was full coverage. I'll be getting the police report Monday.
  • My parked car was hit by a truck from a large trucking company.

    My parked car was hit by a truck from a large trucking company. I purchased the GMC sierra to tow a trailer. I had no fault insurance. However the company truck that hit me is self insured out of texas. The damage im told may have damaged the frame. I'm also told that the shops for repair center assure me that they will be able to identify and fix all of the damage should it exist. I don't feel as though I'll ever feel comfortable towing a heavy load with this vehicle. Do I have options?
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