According to AAA, regular maintenance and repairs on a new automobile might cost an average of $0.09 per mile. With the high cost of upkeeping, an average American cannot afford to cope with damages caused by accidents.  

However, NHTSA shows that around 6.1 million collisions were reported to police in 2014. 

In tort-based insurance states, you can claim damages to recover from an accident. A vital factor in helping in your financial recovery is preserving evidence. Evidence is the way to setting in stone a considerable settlement amount. The evidence collected must establish without any doubt that the defendant owed you a duty of care, breached this duty, and caused your car accident. 

Read this article till the end to understand how to preserve solid evidence and claim the settlement of your worth! 

Reasons To Preserve Evidence

You should preserve evidence from a major or minor accident carefully. Documented evidence provides a basis for the insurance company to pay their obligated amount for your claim. It can also be used against the negligent party. 

Severe injuries and significant property damage can result from major accidents. As a result, they may increase the likelihood of a lawsuit. In such cases, you will require considerable evidence to win your case. Even criminal charges are filed in extreme cases such as DUI or a fatality. Evidence becomes crucial in these serious circumstances. 

Note that in no-fault policy states like Michigan, you may sue the other driver for damages in case of severe injuries like disfigurement or permanent limitation of bodily functions. So, preserving evidence from an accident site in a no-fault insurance policy state is also essential.  

How and What Evidence to Preserve?

The site of an automobile accident may include crucial information as to how and why the accident happened. 

Before cleaning professionals arrive at the site, try to snap photographs yourself or ask someone to help you. Photographs might capture the collision site as it appeared moments after your accident. For instance, clicking a picture of the pothole caused you to lose control of the car before the authorities rectified the issue. 

Here are some things to keep in mind while clicking pictures or taking videos as evidence:

• Ensure that it is safe to take a picture or video. 
• Try to show the damage caused to your vehicle. 
• The vehicles’ positions at the crash site should be clear to qualify as evidence. 
• The surrounding traffic signs, lights, signals, and landmarks should be visible.
• Try to show the condition of the roads and capture any obstructions that might be there. 
• Capture the weather clearly to show visibility conditions at the time of the accident.

Visual evidence is the best way to preserve evidence. But more is needed. You have to intelligently take evidence from the surroundings of the crash site too. Consider the following when collecting such evidence:

• Eyewitness testimonies at the site of an automobile collision are vital to collect. Collect contact information from any eyewitnesses who witnessed the automobile crash. Take down their complete names and phone numbers while still on the scene.
• Call businesses or companies that may be related to your vehicle accident. For example, you should contact the opposing party’s insurance company to discuss the specifics of your settlement claim.
• You should also contact stores or eateries near the accident spot and request to check if the accident has been captured on their CCTV footage. 
• Most importantly, contact the other party’s mobile operator to gain access to their phone records. If you obtain these records, you may get proof that the other party was talking or messaging on the phone at the time of the accident. 

Secure the Site of the Crash

Collecting evidence requires securing the accident site. Apart from obtaining proof for your case, securing the site is essential for the following reasons:

• To be out of harm’s way:

   If it is safe to do so, move your vehicle to the side of the road to prevent the risk of further damage from the other approaching vehicles.

• To safeguard the evidence material:

   Securing the scene ensures that no one messes with or destroys the evidence.  Tampered evidence can affect the result of your settlement claim negatively.

• Protect the passerby vehicles:

   If any debris is left after the road accident, incoming vehicles can get into an accident. 

• Avoiding negligence:

   You can be held liable legally if a passerby slips on an oil spill created after the accident from your vehicle. 

• Negotiate safely with the other driver: 

  Once the accident site is secure, you can discuss the next steps with the other driver rather than getting into a fight and creating a scene on the road. 

• Prevents traffic: 

  If the crash happens amid fast vehicles at an intersection, it is imperative to clear the area as soon as possible to avoid congestion.

Therefore, the first thing to do immediately after an accident is to secure the site by ensuring the approaching vehicles are aware of the incident. If you are physically capable, stay alert and guard the evidence until the police arrive. 

Conclusion

Professionals include additional information in their reports. A police report also includes information about things such as speeding and other legal offenses. Nonetheless, the evidence you gathered is crucial in showing the liable party’s negligence.

Insurance companies take time to investigate auto-accident cases. Based on their findings, you may decide to file a lawsuit and would have to present the evidence before a jury. Therefore, the evidence you collect should be of good quality. 

Finally, here is some additional documentation and evidence you should preserve in your car accident case:

• Obtain the police report from the on-site officer
• Obtain routine car maintenance records to clear any accident possibly caused by a fault in the car manufacturing
• Obtain medical records to recover expenses for physical therapy and other injury-related costs
• Obtain work absence records to claim reimbursement for lost wages

Sources:

1. https://mesolutionsfcu.org/the-fed-jacked-up-rates-by-75-points-the-highest-increase-in-28-years-heres-how-that-can-affect-your-money/
2. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812219 
3. https://www.injuryattorneyofdallas.com/the-importance-of-preserving-evidence-in-vehicle-accident-cases/ 
4. https://www.herrmanandherrman.com/blog/importance-preserving-evidence-major-car-accident/
5. https://www.cochranlaw.com/legal-topic/importance-of-preserving-evidence-car-crash-cases/ 
6. https://www.personalinjurylawyersoneonta.com/car-accidents/car-accident-liability/
7. https://www.pilawyers.com/blog/preserving-car-crash-evidence/ 
8. https://www.hseblog.com/best-practices-for-securing-and-documenting-an-accident-scene/
9. https://www.joyelawfirm.com/accidents/car-accident-lawyer/maximizing-recovery-sc-car-accident/importance-of-preserving-evidence-in-car-accident-cases/ 

The law is rarely straightforward and can have loopholes within its clauses. Legal procedures are a headache that only some wish to deal with. 

Add a terrible accident to the mix, and it gets worse. The lawyer fee, property damage, medical bills, and other losses add to your misery. 

These complexities multiply in a no-fault law state.  

If you have been in a car accident and live in a no-fault law state, don’t worry! We have covered everything you need to know in this article. 

What Are No-Fault States?

Unlike tort states that follow the traditional insurance system, drivers in no-fault states aren’t liable to cover the other party’s costs for property damage and medical expenses.

The only 12 states that uphold no-fault auto insurance regulations are Florida, Kansas, Hawaii, Massachusetts, Minnesota, Michigan, New Jersey, New York, North Dakota, Pennsylvania, Kentucky, and Utah. 

Under no-fault states, you can’t sue the at-fault party for damages. The right to pursue damages for personal injuries is limited too. There are exceptions to these restrictions as well. Before knowing about them, let’s first understand the basics.

#1 No-fault auto-insurance policies

Legal concerns that arise after an automobile collision include identifying the responsible party, estimating the severity of any injuries and property damage, and figuring out the victim’s fair settlement. In a traditional legal system, claiming with the at-fault party’s insurance provider is the initial stage in the legal procedure. Documentation is another crucial step in recording any injuries, property damage, medical bills, and other costs associated with the accident. The insurance provider will look at the claim and decide who is liable. The victim will get compensation from the insurance company if it is determined that the other person was at fault for the accident. 

This process is followed in traditional tort legal systems. The situation is different in no-fault legal systems. Drivers must submit claims to their providers if they are in an accident in states with no-fault insurance legislation. Because drivers in no-fault states are often required to acquire Personal Injury Protection coverage and liability insurance, these states are also known as PIP states. As a result, insurance premiums in no-fault jurisdictions are high. With an average cost of $4,333 annually for full coverage insurance, Michigan has the most expensive premiums. The minimum insurance requirements in some no-fault states for bodily injury are $25,000 (Kansas), $20,000 (Hawaii), and $15,000 (Pennsylvania). The no-fault insurance policy covers all the reimbursements for your medical costs, lost wages, and other additional expenditures linked to your injuries. 

#2 Types of no-fault states

There are two types of no-fault states: choice no-fault states and add-on no-fault states. 

Choice No-Fault jurisdictions let you opt between a no-fault coverage and a typical tort liability policy. While there are fewer limitations on your capacity to claim under a no-fault system, the standards for tort liability might differ. While Kentucky has just a monetary one, New Jersey and Pennsylvania only have verbal ones. While the at-fault motorist is responsible for paying for property damage in each of the three states, you can still submit claims for personal injury to your insurer.

The tort insurance system is used in add-on no-fault states. They are fundamentally at-fault states since the person who initiated the collision is responsible for the other party’s expenditures related to injuries and property damage. You do have the option to increase your policy’s PIP coverage, though. PIP offers security if the other driver’s insurance is insufficient to pay for your medical costs, even if it is unnecessary. Some add-on no-fault states are New Hampshire, Oregon, South Dakota, Texas, Virginia, and Washington.

Exceptions To The Restrictions

Legal restrictions in no-fault states may hold you back from claiming damages you suffered because of another person’s negligence. However, there are ways to counter these restrictions. You can sue the negligent party in these states under the circumstances of severe injuries. In such cases, you can file a personal injury lawsuit and be compensated for your pain, suffering, and other non-economic damages. 

For instance, the “90/180-day” rule is followed in New York. You might be able to file a fault-based personal injury claim if your injury was so severe that it significantly reduced your quality of life for 90 out of the first 180 days after your collision. There is a significant likelihood that you are entitled to file even a fault-based vehicle accident injury case if your economic damages exceed $50,000 (ISC § 5102). Significant disfigurement, permanent limitation of a body organ or limb usage, and limitation of a bodily function are some factors under which you can file a lawsuit in New York.

Another exceptional circumstance is accidents with commercial vehicles like trucks. No-fault insurance applies when dealing with commercial drivers too. As in the case of an accident with a personal vehicle, you would claim with your insurance provider. Your personal injury protection (PIP) coverage would subsequently cover your medical costs.  However, PIP insurance’s capacity to offer sufficient coverage may be constrained by the severity of such accidents. 

No-fault states have a way out in such situations too. 

In Michigan, if your PIP coverage is insufficient to meet your immediate or continuing medical requirements, and you sustain injuries that result in disfigurement or severe disability, you can sue the commercial driver. Remember that in such instances, you may file a case against the commercial vehicle driver, the employer, or any other accountable third party. Commercial vehicle accidents are more complicated due to the involvement of third parties like the employer who neglected the vehicle’s maintenance. Police reports and insurance investigations are required too. Because assessing liability might be complex, consult with an expert attorney who will look into your case and try to figure out who could have contributed to your injury.

Conclusion 

No-fault state laws may seem unjust, but they keep citizens’ welfare in mind. Rather than getting frustrated with the legal proceedings and negotiations involved in a lawsuit, the focus is on letting the injured person recover without strain. 

By eliminating small claims from the judicial system, the no-fault system attempts to lower the cost of motor insurance, according to the Insurance Information Institute. This system ensures that the insurance company reimburses its clients for minor injuries, regardless of who was liable for the accident. A no-fault legal system emerged to counter the numerous litigations and help victims be relieved from the pressure of proving the other driver’s liability.

As stated in the article, different no-fault insurance policies following states have set thresholds for the minimum amount of damages to sue the negligent party. Therefore, it is a misconception that these states don’t allow any scope for lawsuits.

Sources:

1. https://goodmenproject.com/everyday-life-2/navigating-the-legal-complexities-of-car-accidents-a-guide-for-hiring-a-lawyer/ 
2. https://www.moneygeek.com/insurance/auto/no-fault-auto-insurance-states/#:~:text=EXPAND%20ALL-,What%20states%20have%20no%2Dfault%20insurance%20laws%3F,North%20Dakota%2C%20Pennsylvania%20and%20Utah. 
3. https://www.pllawfirm.com/2022/10/25/your-guide-to-new-yorks-no-fault-auto-accident-law/
4. https://www.personalinjurylawyersoneonta.com/car-accidents/car-accident-liability/
5. https://www.marienfeldlaw.com/how-does-no-fault-insurance-affect-trucking-accidents
6. https://www.hg.org/legal-articles/what-is-the-difference-between-no-fault-and-at-fault-insurance-states-35152

What Is a Lawsuit?

A lawsuit is a legal claim for compensation filed in court. Usually, in personal injury cases, a lawsuit is filed where all means to reach a settlement acceptable to both parties involved prove futile. This means that not every accident case would involve a lawsuit. In fact, 95% of all car accident cases are resolved or settled without ever going to court.

Usually, after a personal injury case, you should seek medical attention and hire a personal injury attorney. The attorney would initially investigate the case, the police reports, medical records, and other relevant evidence. After this, you might attempt to settle with the at-fault party through negotiation.

Some of the situations that could lead to a car accident lawsuit are as follows:

• The negligence of the at-fault party resulted in an accident in which you sustained injuries and vehicle damage.
• The at-fault driver struck your car which led to the death of the passenger.
• The at-fault party struck your vehicle when you were away, for example, when it was legally parked somewhere.
• Other reasons such as when your insurer refuses to compensate for your damages.

Role of the Insurance Company in a Lawsuit

Every state law requires all state drivers to carry liability insurance that provides a certain level of compensation to injury victims as a result of the accident caused by the insured (the one who has insurance). Liability insurance requires the insurer (the insurance company) to defend the insured (the accused driver) and to pay up to the specific limits of their respective insurance policy if they’re found liable to pay. This is the major role of the insurance company in a motor vehicle lawsuit since it is the insurance company involved in the case on behalf of an insured driver.

Generally, because the other insurance carrier will be on the hook for any payment, they will make their best efforts in litigation and settlement to minimize their liability.

Insurance companies would pay for damages and medical bills immediately followed by the accident. If you have uninsured or underinsured insurance coverage, your insurance company will also pay for damages that are not paid by the at-fault uninsured motorist. And if they fail to do so, you can file a lawsuit against them. The insurance company will however pay the valid claims up to the limit of the insurance coverage as mentioned in the contract on the date of the accident.

In case the at-fault driver has underinsured insurance coverage, the injured driver can turn to their own insurance company if their insurance policy provides more coverage than the at-fault party.

The insurance company, whether your own or that of the at-fault driver, will pay only when it receives a court judgment that makes them legally responsible to act in that manner. A lawsuit will be filed by the injured driver. The insurance company of the other driver here has the responsibility to hire a lawyer to defend the insured driver in the lawsuit to reduce the amount to be paid by the company on a verdict. However, the insured party is not always provided an attorney but only if the clauses in the insurance do so.

Is it your insurance company’s duty to defend you in a motor vehicle lawsuit?

Your insurance company has to defend you in an accident only if a ‘duty to defend’ clause is present in your liability policy. Duty to defend means that it’s the responsibility of your insurer to provide legal defense by hiring lawyers to defend you against a lawsuit that involves a potential claim on your policy.

This would also include their autonomy to make decisions about whether to take the case to court or to settle without court intervention.

‘Duty to defend’ is different from ‘duty to indemnify’ on the grounds that the insurer will only have the responsibility to pay back once the legal fight is over. In such a case, you would have to find an attorney yourself.

It’s also important to note that the duty to defend is different from the right to defend. In simple terms, duty implies the obligation to defend you against a lawsuit but the right to defend provides your insurance company to choose whether or not to provide your defense.

It’s preferable to have your insurer defend your case since they shall benefit from their extensive network of proven lawyers. They are also skilled in handling complex paperwork, deadlines, and established legal practices and procedures. Also, there shall be no conflict of interest as they too would want to minimize the settlement if a lawsuit is filed against you to keep their costs low.

Insurance companies generally prefer to settle than to go to court because of numerous incentives such as settling a claim with a claimant for a reasonable amount to reduce the risk of paying substantially more if there is a larger verdict at trial.

Do you sue the insurance company or the driver at fault?

If you’re injured in an accident and make an accident claim, you will claim with the at-fault driver’s insurance company to settle it. When the claim remains unsettled and a lawsuit is filed, it will be filed against the driver and not the insurance company. Your fight in a lawsuit is against the negligent driver and not the insurance company liable to pay for the insurance coverage. It is the insurance company that will pay you if you win the case by proving the fault of the driver in court. This is known as legal fiction which means that you’re dealing with the insurance company but on paper, it will be against the driver.

Time limit to file a lawsuit

After an accident, the statute of limitations of your state shall decide how long you can file a lawsuit for a personal injury claim. A statute of limitations defines how long you have to sue someone for a personal injury case.

In California, the statute of limitations for a personal injury case is 2 years from the date of the accident. But it’s shortened to only 6 months if the claim is against a county, city, or state government agency.

In Florida, the statute of limitations is 4 years from the date of the accident before you’re to file a claim in Florida court.

But if your case involves parties from different states, then it could be moved to federal court where the statute of limitations is only two years.

You should be quick enough to take action because if the statute of limitations stretches too long, or doesn’t follow procedures correctly, your claim could expire, losing your ability to get compensation.

Cases where the insurance company couldn’t be of help

Most, if not all, automobile insurance will contain exceptions to the ‘duty to defend‘ clause spelling out the legal void of the insurer’s duty to defend the policyholder and providing a lawyer to defend the insured against the civil lawsuit filed by the other driver. Certain situations where the insurance company is not obliged to defend you in a car accident lawsuit are as follows:

• If you didn’t notify the company about the accident within the specified time limits of the insurance policy. This especially applies to cases where the delay jeopardized the company’s ability to investigate the case and minimize the other driver’s claim.
• If you’re accused of having acted intentionally to cause the accident. For example, some insurance companies consider DUI as an intentional conduct to cause an accident that would nullify its duty to defend the insured.
• If the other driver’s car accident exceeds policy limits. If your policy coverage has a limit of $100,000 and the property damage caused to the other party is more than this, the insurer has no responsibility to pay more than $100,000. The insurer will try to negotiate the same but if no settlement arrives, the insurance company pays its amount and you can be sued for the leftover money.

If in any case, you fail to get help from your insurance company, it’s always considered a smart move to get your own lawyer to file a lawsuit or defend you against a lawsuit filed by the other party. Attorneys would spot an issue you could have overlooked and accordingly devise an appropriate strategy. Even if you have a valid legal claim against your insurance company, a car accident lawyer is the right one to advocate your rights in court.