Understanding No-Fault vs. Fault-Based Car Accident Claims in Seattle

Washington, unlike some states, is a fault-state. In fault states, accident victims must show that another driver or another defendant is responsible for a car accident in order to receive compensation for their injuries. In no-fault states, car accident victims generally do not need to prove fault in order to receive some type of compensation – generally, payment for medical bills and lost income.

No-fault states prefer no-fault liability because it reduces the number of car accident lawsuits. The exact differences between a no-fault state and an at-fault state are a little more complicated. Here are the key differences:

No-fault-state coverage

In a no-fault state, drivers and car owners must have personal injury protection (PIP) coverage. When an accident happens in a no-fault state, the driver’s PIP insurance pays for the driver’s medical bills and some other specific costs – regardless of who caused the accident. Essentially, an injured driver notifies their PIP carrier that an accident took place. The driver then submits their medical bills to their PIP carrier. The PIP carrier pays the medical bills up to the PIP insurance limits.

Generally, anyone who lives in the same household as the person who has PIP insurance can also receive PIP payments. We can explain whether you are covered.

No-fault systems limit a person’s ability to sue the other driver unless the injuries meet a certain severity threshold. While there is no need to prove fault in a no-fault state, victims generally cannot seek compensation for any damages that are not covered by their PIP/no-fault carrier. For example, victims cannot receive compensation for their pain and suffering.

Many no-fault states do allow car accident victims to file fault claims (for medical bills, pain and suffering, lost income, and property damage) if they meet certain threshold requirements such as:

• Death
• Medical bills in excess of a specific amount
• Injuries that the state considers to be “serious”

How does Washington’s fault coverage work?

In the state of Washington, all car owners and drivers must have a minimum amount of liability insurance in the event they cause an accident. These minimums are as follows:

• Bodily injury (medical bills, lost income, and pain and suffering) for one victim in one accident: $25,000.
• Bodily injury involving multiple victims in one accident: $50,000.
• Property damage (usually the cost to fix or repair a car): $10,000.

In order to receive payment for injuries for another driver’s insurance policy, it is necessary to show that the other driver was negligent – that they caused your accident. At Smith McBroom, we work with investigators, the police, traffic reconstruction experts when necessary, the discovery process (formal questions and answers of the defendants and witnesses), and other ways to establish another driver caused your accident. Other drivers may be at fault for your accident if they:

• Drive while intoxicated or under the influence of alcohol
• Drive while distracted, such as by texting, talking on a mobile phone, eating, drinking, or doing anything where the driver’s mind is not on traffic, eyes are not on the road, and/or both hands are not on the steering wheel
• Speed, drive through a red light, or commit any other traffic violation
• Drive too fast for weather or traffic conditions
• Drive too closely
• Drive negligently or carelessly in any other way

Other defendants, such as employers of negligent drivers, may also be at fault for a car accident in Seattle.

If you are struck by a hit-and-run driver in Seattle, by a driver who doesn’t have enough insurance coverage to pay your damages, or by a driver who doesn’t have any insurance at all, you can also file an at-fault claim based on your own uninsured or underinsured (UM/UIM) policy.

Even though Washington is an at-fault state, drivers can also purchase and use PIP insurance – generally up to $10,000.

The practical differences between at-fault and no-fault coverage

With no-fault coverage, you file a claim with your own insurance company. As long as you can show that you are in a car accident and that the accident is the cause of your injuries, you can apply for your no-fault benefits. Generally, your insurance company should pay you as soon as you submit your medical bills (and verification of lost wages) to the PIP carrier.

With at-fault coverage, you normally need the help of an experienced Seattle car accident lawyer who will:

• Hire investigators to examine the accident site and speak with witnesses.
• Review the police report and, if necessary, speak with the police who investigated the car accident.
• Review the scope and severity of your injuries with your doctors.
• File a formal claim with the insurance companies for the defendants.
• File a legal complaint against the responsible defendants, including the driver who struck you.
• Review the applicable laws, including Washington’s comparative negligence law, which allows you to file a claim for compensation even if you are partially at fault (even if you’re 99 percent at fault). Your damages will be reduced proportionally based on your percentage/degree of fault.
• Negotiate with the insurance company for the defendants to try to reach a just settlement.
• Argue your case before a local Seattle jury.

Accident victims in fault states such as Washington state should understand that the liability insurance companies for the responsible drivers are going to fight for their client – not you. You should hire a lawyer to represent you. Do not discuss a settlement of your car accident claim with the responsible driver’s insurance company.

Other coverages

In both fault and no-fault states, car owners should consider buying the additional types of insurance coverage:

• Collision coverage. This insurance coverage pays for the damage to your car – regardless of fault.
• Comprehensive coverage. This insurance coverage pays for the damage to your car due to non-accident causes such as theft, vandalism, and acts of nature.
• Gap insurance. This insurance coverage pays, regardless of fault, for the difference between the money you owe on your car loan and the amount of compensation you receive for the damage to your vehicle.

At Smith McBroom, we have more than 20 years of experience fighting for car accident victims and their families. Our lawyers have recovered numerous strong verdicts and settlements for car accident victims. Our Seattle car accident lawyers are ready to help you today. Contact us to schedule your free evaluation.