Does Your State Accident Laws Cover You?
Let’s face it; no one wishes or plans to have an accident. When people find a motorcycle accident lawyer Denver, it is often because they require legal assistance in claiming some form of compensation from their insurance companies.
Accident victims may not always get the compensation that they feel they should because the law works on established precepts and not on emotions. Before you can file claims, you should know what your state’s accident law provides for.
At Fault Vs. No-Fault Laws
At-fault laws recognize the claims of motorists who suffer injury or some other damage in an accident caused by another motorist. This law allows the victims to file claims and get awarded up to the maximum compensation. Simply put, the person who caused the accident will be made to pay for damages to the victims.
No-fault laws, though they recognize that a motorist caused the accident, require victims to seek compensation from their insurer.
In the US today, the no-fault law is in effect in twelve states: Florida, Hawaii, Kentucky, Minnesota, Kansas, New Jersey, North Dakota, Massachusetts, Utah, Michigan, Pennsylvania, and New York, and if you reside in any of them, the chances of getting compensated for an accident may be significantly affected because the motorist at fault may not be compelled by law to pay damages; your insurer would bear that burden.
Much debate has gone into the use of no-fault laws, but the law is to reduce the number of accident suits filed in courts. Of course, this does not remove the right of victims to seek compensation; they are only to seek compensation from their insurer as the rightful path.
The severity of the personal injury is also a factor in accident claims. The no-fault states have what they call a “threshold” –a condition under which an accident lawsuit will proceed.
For example, injuries that cause serious physical or mental impairment can be prosecuted as non-economic claims. Injury claims are therefore effectively reduced to non-economic damages and must be accompanied by verifiable evidence.
All these may be too complex for you, and that’s why your motorcycle accident lawyer Denver is there to explain and advise. Luckily, Denver is a fault state, and if you get involved in an accident, the other part can be held liable for damages. Call your motorcycle accident lawyer Denver today and arrange a consultation.