subject: I Admitted Fault at the Scene of an Accident. Can I Still Make a Claim? [print this page] I Admitted Fault at the Scene of an AccidentI Admitted Fault at the Scene of an Accident. Can I Still Make a Claim?
Determining fault is no easy task and the process to determine fault varies from state to state. For this reason, it is imperative that you locate an experienced auto accident lawyer in your state to advise you on your rights and to explain how fault is determined. You should always seek the advice of an experienced accident lawyer before accepting any kind of financial settlement. Even simply agreeing to a settlement in a telephone conversation can be binding. Experienced and knowledgeable accident lawyers will know the laws in your state inside and out and will advise you on how to proceed with a claim. Even if you admitted fault you may still be able to collect damages.
Fault and No-fault States
You may have heard of no-fault and fault states. Most states have adopted a fault-based, or "tort liability," system of auto insurance. In a fault-based system, insurance companies pay according to each party's degree of responsibility in the car accident. If you and your insurer do not agree on your claim, you may have to file suit for uncompensated economic damages such as lost wages, medical expenses, and non-economic damages such as pain and suffering.
Because the tort (lawsuit) system has led to long, costly court battles over who was at fault and to what degree, policymakers in many states decided to change from a fault-based system to some form of a no-fault system. Under no-fault automobile insurance, the driver not at fault does not have to prove that the accident was somebody else's fault before receiving financial compensation. His or her insurance company picks up medical bills, rehabilitation costs, and lost wages up to the amount of their specific policy. However, the injured person cannot then sue the other driver. If you live in a no-fault state, the no-fault portion of your auto insurance policy is usually called PIP or Personal Injury Protection.
At the time of this writing, the following are "no-fault" states:
Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Pennsylvania
Utah
This can be very confusing if you are not familiar with fault and no-fault insurance laws. That is why it is highly recommended that you seek the guidance of an experienced accident lawyer in your state.
