Finance and Law: What Are Your Rights in the case of an Accident?

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Motor vehicle accidents are one of the most stressful events you can experience. They happen often, and they almost always leave at least one person feeling like they were mistreated or taken advantage of by another driver. Worse still, there is no universal set of rules to follow when it comes to filing insurance claims for an accident that took place in a different state than your own. The laws regulating this process vary widely from state to state. This article will explore these nuances so that you know what rights you have after an accident so truck drivers and trucking companies won’t take advantage of you. 

What are your rights in the case of an accident?

Filing insurance claims for an accident that took place in a different state than your own can be complicated. First, you must find out what your rights are according to the laws of the state where the accident happened. This can be difficult because there is no universal set of rules to follow when it comes to filing truck accident claims. Once you find out who is liable for the accident by state law, next you must find out what your rights are according to the laws of where you live. 

States with Fault-Based Insurance Systems

Fault-based insurance systems involve drivers filing claims against another driver’s insurance company to pay for damages that occurred in their car accident. As you are probably aware, many states have fault-based insurance systems. However, the rules that govern who is required to carry insurance within your state will not necessarily carry over into another state where you were involved in a car accident. Under fault-based insurance systems, it can be difficult to make an injury claim on an accident that happened in a different state because you must determine the person’s insurance status within that state.

How to proceed if you’re involved in an accident in a different state 

There are three steps to follow if this happens to you:

  1. Find out who is liable for the accident according to the laws of where the accident happened. Therefore, if someone rear-ended you in New York but you live in Colorado, the laws of New York may determine that you were entirely at fault while the other driver was not at all responsible for your car accident.
  2. Find out what your rights are according to your state’s laws. Depending on the laws of your state, you may be able to claim against the other driver’s insurance carrier.
  3. Determine how you can go about making your injury or car accident claim depending on what you discover in steps one and two above. You may want to hire an attorney who is familiar with the laws of both your state and the state where the accident occurred. This will ensure that you receive maximum compensation for damages resulting from your car accident claim.

Why do state laws differ?

State laws will differ when it comes to who is liable for accidents in different states because there is no universal set of rules to follow when it comes to filing insurance claims for a car accident. Under fault-based insurance systems, drivers are required to carry insurance to pay for damages that occur in a car accident. However, each state has different laws governing who is required to carry insurance and the penalties for violating those laws. Consequently, many states have adopted no-fault insurance systems because they found fault-based systems were too expensive and difficult to implement.

What are your rights in a no-fault insurance system?

Each state has its own unique set of laws governing no-fault insurance claims. Florida, for example, is a slightly modified no-fault system. According to the Florida No-Fault Law (Florida Statute 627.737), if you were not at fault for an accident then you will be able to make car accident claims against the other driver’s insurance carrier. 

How can a legal representative help?

Hiring a lawyer who is familiar with the laws of both your state and the state where the accident occurred can help you get maximum compensation for damages resulting from your car accident claim. It will also help you determine if another driver’s insurance carrier is responsible for compensating you for your car accident claim.

Understanding the laws of where you live, what your rights are in a no-fault insurance system, and how to proceed if an accident occurs in another state can help ensure that you have all your bases covered when it comes to filing injury claims. Hiring a specialized legal representative can ensure that you can receive the best possible compensation for your car accident claims no matter where in the country it occurred.

 

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