There are two types of auto accident claim systems in the U.S. that determine if and to what extent a driver may be sued in the unfortunate event of an accident. If you live in a state that follows a tort system, the driver who is at fault for the accident is responsible for paying the victim’s medical expenses, loss of wages (if the victim is employed), and pain and suffering. If you were a passenger in a car and you were involved in a crash with a negligent driver, you are a victim and entitled to damages for medical, loss of wages, and pain and suffering for your auto accident claim if you live in a state that operates under a tort system.
Thirty-eight states operate under a tort system including, Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
The other system is called a no-fault system. Under a no-fault system, the individual automobile accident victim must collect auto accident claims directly from his or her own insurance company for medical and hospital expenses and wage loss, regardless of who was at fault in the accident. In most no-fault states each driver must carry personal injury protection, property protection, and residual liability insurance.
The no-fault law protects insured persons from being sued as a result of an auto accident except in certain special situations. The insured can only be sued:
Twelve states operate under the no-fault system including, Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.