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I was involved in an accident in a no-fault state. Do I have any rights?

 

A:

12 states and Puerto Rico have adopted so-called "no-fault" systems.  Under a no-fault system, your insurance is responsible for payment of no-fault benefits when you are involved in a car accident.  The exact parameters of the no-fault system vary from state-to-state, but in most states, when you have a threshold injury, meaning an injury of a certain severity or one that has resulted in a certain amount of medical expenses, you may file a suit in court.

Some of the states which are no-fault states include: Michigan, Minnesota, Florida, New York, New Jersey, Pennsylvania, and Kentucky.

One of the quirks in the law is that when you are involved in an auto accident in a no-fault state, and you do not have a threshold injury, you may make a claim for benefits under the uninsured motorist provisions of your own policy.  The legal reasoning behind this is that the driver in the no-fault state does not have a policy that meets the minimum requirements of the Illinois mandatory insurance law.  

When you make an Illinois uninsured motorist claim for damages for an accident occurring in a no-fault state, the benefits include not only damages for medical expenses and wage loss, which are covered under most no-fault systems, but also damages for pain and suffering, disability, and disfigurement. 

Handling a case for uninsured motorist benefits following a car accident in a no-fault state can be a tricky.  First, you need to establish that you do not have a threshold injury which would require you to go to court in the state where you were hurt.  Second, the uninsured motorist insurance carrier must accept coverage before the statute of limitations runs in the state where you were hurt.

We strongly recommend that you obtain the assistance of an experienced Chicago car accident attorney to assist you in making a claim for uninsured motorist benefits when you are injured in a car accident in a no-fault state.

The Law Offices of
Barry G. Doyle, P.C.
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Skokie, IL 60077
Phone: 312.263.1080
Fax: 312.263.0153

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