When You Can File Car Accident Compensation Claims

You can file car accident compensation claims either with your own insurer or against a party who injured you. The rules for when and how to file car accident compensation claims differ based on whether you live in a fault state or a no fault state.

No Fault States and Car Accident Compensation Claims

If you live in a no fault state, then unless your injuries are "serious" as defined under the law, you may recover for your injuries only from your own insurer, no matter who is responsible for the accident. The damages are paid out of your personal injury protection (PIP) insurance that every licensed driver is required to buy in no fault states. Compensation is limited to:

• Medical bills (all or a portion of your bills will be paid, depending on state law and your coverage)
• Lost wages (all or a portion of the wages you miss out on as a result of being out of work, again depending on state law)

You are also permitted to recover only up to your policy limits. However, if your injuries are serious, you are then permitted to file a lawsuit to recover damages- including those for pain and suffering- from the driver responsible for causing the accident. Serious injuries are defined by either a quantitative verbal threshold (i.e. the law has a written description of what serious means) or by a monetary threshold (if the cost of caring for your injuries exceeds a certain level, they are serious). Examples of some injuries that usually qualify as serious include:

• Permanent disability
• Disfigurement

Fault States

If your state is not a no fault state, then you can make a car accident compensation claim against the other driver any time he is at fault. You can recover damages for your actual expenses- medical bills and lost wages- as well as pain and suffering. You can either accept an out-of-court settlement to your claim from the responsible party's insurance company or sue and let the case go to trial. If you go to trial, you'll have to prove the other driver was negligent or at fault to recover for your claim.

Getting Help

If you have been the victim of a car accident, consult with an experienced personal injury or car accident attorney. He can explain the laws in your state to you and help you determine if you can make a claim or not, based on the nature of your injuries and who was at fault.