No Fault vs Tort States

No fault insurance is a type of provision that provides for financial support for insured motorists in the event that they are injured in an accident with a motorist who is not insured. Motor vehicle insurance policies that motorists carry are designed to provide bodily injury support for the other person, the third party, in an accident caused by the insured motorist. In this instance, the medical costs and related expenses are paid to the injured person by the insurance policy of the insured person.

In no fault states, legislation was enacted to ensure that the insured person was always accorded insurance protected. It was thought that it was unseemly that it should ever happen that the motorist who was responsible and careful should run the risk of not having coverage or financial support if injured by an uninsured motorist. This law is extant in only a small number of states such as Florida, MIchigan, New Jersey, and Pennsylania. It exists in less absolute form in another handful of states of which Kentucky, Massachusetts, Hawaii, North Dakota, Utah, and Kansas are some.

The no fault law mandates that the insured motorist will be indemnified by his or her own motor vehicle insurance company for any losses suffered in an accident, regardless of whether that motorist were at fault. So, if the insured motorist were hurt and the driver at fault was uninsured, the auto insurance company of the insured motorist would cover the medical expenses and related costs up to the limits of the policy.

In the no fault states, a Personal Injury Protection (PIP) clause or policy is part of the standard auto insurance policy, and it is under this clause that the coverage is provided in this instance.


Tort is a very old legal term that indicates a non-contractual, non-criminal wrongdoing. In this circumstance, the driver who is at fault in the accident, who is in the legal sense the one guilty of the wrongdoing is liable for the damages and expenses of the person who was injured or who suffers a loss in the accident. The insurance carrier of this motorist who is at fault will pay the medical and related expenses of the injured person, the third party, up to the limits of the policy.

The related expenses could be loss of wages, pain and suffering, motor vehicle repairs, and reimbursement for travel related to the medical treatment necessitated by the accident.

The tort system is a very old, very common form used in many other areas of law. It is the most common form of automobile insurance, and is extant in the vast majority of the states, including to some degree those states which operate under a no fault law.

Automobile insurance carriers in the various no fault or tort states offer the appropriate forms of car insurance at rates that vary as they do in all the other areas of the insurance services sector. When motorists seek to purchase coverage, the automobile insurance quotes that they receive reflect the costs for whichever products are mandated by the law. Ina no fault state, for instance, the standard form of the policy will include the cost for the personal injury protection that is mandated. Personal injury protection limits are generally set by law for specific, so the basic premium that attaches to the PIP coverage will probably also be a set amount. One of the important things is for the motorist to ensure that coverage is adequate, and to stand the best chance of finding the most appropriate service, the motorist should always compare carriers, services, and costs.


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