|
All no-fault laws permit an injured driver to file a liability claim, and lawsuit if necessary, against another driver who was at fault in an accident. The liability claim permits an injured driver to obtain compensation for medical and income losses above what the PIP benefits have paid, as well as compensation for pain, suffering and other general damages.
Whether and when you can file a liability claim for further damages against the person at fault in your accident depends on the specifics of the no-fault law in your state. Some states have "add-on" no-fault laws that put no restrictions on your right to file a liability claim in addition to your PIP claim. In these states, you can always file a liability claim against the person at fault for all damages in excess of your PIP benefits.
Other no-fault states have different types of thresholds that an injured person must reach before being permitted to file a claim for full compensation against those at fault for an accident. Some states have a monetary threshold only, some a serious injury threshold only, and still others have both. States with both requirements permit a liability claim if an injured person meets either one.
|