How To
Road accidents in the USA: Which State is “no fault” and which State is “tort system”
In terms of insurance for road accidents, our readers do not know the “fault”: since 1978 it is the government (the SAAQ) which reimburses them anyway. Our readers, for their part, have not had this change: in France they must complete a report and determine who is at fault. In the United States, the two systems exist… depending on the state. There are those where it is determined who is “at fault”, and the “no fault insurance” states, which are called the “No-Fault States”. It does not mean that one of the parties will not be criminally at fault, but it does mean that at the level of reimbursement there is no need to determine who is at fault – no need to know who caused the accident for reimbursement.
A partial no-fault
Note that in the United States the “no-fault” is necessarily partial. In this case, there is a limit: the insurance policy reimburses “X” tens of thousands of dollars, and that differs according to the States and the insurance policies.
It will therefore be necessary, to recover more money, indeed to trigger negotiations or legal proceedings, and therefore to have sufficient elements to prove the wrongs of the opposing party! Clarification (if needed): some people are not insured at all.
The different systems in the United States
It was also in the 1970s that “no-fault” began to be chosen by the American States. Previously, it was the “wrong system” everywhere, and it is still the case in 27 of the States. Those who adopted the “no-fault” are 12 (+ Puerto Rico): Arkansas, Delaware, Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota, Oregon, and Utah.
In the three states of Pennsylvania, Kentucky and New Jersey, the parties have the choice between the two systems: wrongly, or “no-fault” (this system of choice is called ” Choice No-Fault “.
The “add-on” system
In the following eleven States, there is a “no-fault” system, but which does not for all prohibit legal proceedings. It’s called the “Add On System”: Arkansas, Deleware, DC, Maryland, New Hampshire, Oregon, Texas, Virginia, Washington, and Wisconsin.
FYI: five additional states had tried the “no-fault insurance” system before finally stopping it: Nevada, Pennsylvania, Georgia, Connecticut and Colorado.
Recurring question: What happens when you are insured in a state of the USA with such a system, but you have an accident in another state with ANOTHER system? Answer: your insurance policy automatically adapts to local law, no need to call your insurer before changing state!
In any case, if you have an accident in the United States: call the police even if it’s not very serious (they are paid for that, so you really have to call them), take the names and telephone numbers any witnesses, and take photos of the accident, both of the damage and of the geographical location. Just because you’re not at fault doesn’t mean the person you accidentally crossed paths with isn’t going to accuse you of a lot of things. Especially if you don’t have proof to the contrary! Don’t forget that in the United States, people rely mostly on themselves and have the procedure easy.
Nota Bene: do not waste time for medical expertise either, because insurance companies often impose a fairly short deadline for them to be established.
