Hello friends! I’m Janie Justice, a paralegal who lives in New Orleans. Today’s topic of discussion is about whether no-fault laws are fair to car accident victims. It was brought to my attention that a few states do not operate on a fault basis when it comes to auto wrecks.
This seems strange, given that most states believe that the person who caused the car crash should also be the one to pay for it. This “fault” concept seems logical to me.
It seems that the people who are injured in these “no fault” states are being denied the serious injury compensation they likely deserve. Sounds like injustice to me, so let’s go on and get into it, because Janie Justice wants to know more.
What Are No-Fault Laws?
No-fault laws relate to vehicle crash cases in which the person who was responsible for causing a vehicle crash does not necessarily pay for the damages. These laws sort of lend a blind eye to who was responsible for the crash.
If you are hurt in a car accident in one of the states that uses this kind of system, you must pay for your own damages—even if you didn’t cause the accident.
Is This Fair?
It doesn’t seem fair to me that someone who works hard to be a safe driver should have to pay for a vehicle wreck they didn’t cause. These no-fault states require each driver to carry no-fault insurance and personal injury protection benefits in case of an accident. Each person then uses their own insurance coverage to pay for accident-related expenses.
If you can’t already tell, this system does not seem just. The main drawbacks are that it punishes the victims and fails to hold the negligent person accountable for their actions. How will a driver learn to drive safely if they aren’t held responsible for poor decisions?
There are sometimes exceptions to the no-fault law. If you’ve been seriously injured and have sustained significant damages and life issues, you can sue the at-fault person for a car accident. Some states require proof of serious bodily injury. Other states require your damages to exceed a certain financial threshold: for example, it’s $3,000 in Utah.
These no-fault laws are unfair in my opinion, but these exceptions save them from being completely unjust.
Janie Justice with New Orleans Paralegals Vents for You
I vent for all those who don’t have a voice. Victims don’t always get a chance to tell the world how the system failed them. That’s why I’m here—to get the word out there. What do you think of the no-fault laws? Do you believe they are unjust?