There are so many cases that have come up where the auto insurance companies board and put the no-fault clauses in their respective policy. That is how they try to take away all the individual’s legal assured auto insurance benefits once there is a car accident where the individual tries to claim for the mistake in the claim form. That is when the role of a no-fault defense lawyer can come into existence. In some states, it has now been clearly stated that there is a landmark decision that has been put against the end to insurance companies’ such policies. This means, now the insurance company will not be able to exploit the anti-fraud provisions in the policy for denying the increasing claim numbers within a year.
What is a no-fault defense?
If the person is involved in a car accident, then there is a high scope for the insurance policy to be used at a certain stage. In most of the states usually, it is the driver who is said to be the cause of the accident and shall be responsible for the financial loss which of course can be paid through an insurance company against any kind of losses and injuries. However, there are also many states where the car insurance process begins with the claim of no-fault car insurance that is made using the self-coverage itself.
No-Fault Car Insurance: The Basics
Under the liability-based car insurance system in many states, when there is an injured person involved in a car accident, it is possible to get the option of a claim for the compensation that is being made against the at-fault driver. Rather, the third-party process is a part of it that needs to convince the other driver’s insurance company that its self-care even if it insured was at the fault for the whole accident.
Understanding more of the fault ruling:
Well, there has been a clear message that has been set through the no-fault fraud ruling against the auto insurance companies. It clearly states that the rights of the victim of the car accident cannot be trampled or taken away at any cost by the companies claiming for whatsoever reason it was a fraud. The justice has been ruled out already by the Supreme Court and now appeals are being made on stopping the practice that has affects thousands of injured parties so far.
With the clause of no-fault fraud, it is quite clear that now stripping away the advantages of the victims is not anymore possible. The law of no-fault has been passed in the year 1973 and now there has been a lot of amendments that were made in the year 2019. Now there is a common law that is being practiced and which of course is beneficial for the victim as well.
The accusations on the victims:
Usually, the auto insurance companies have been using the provision of the no-fault fraud in their respective policy to exploit the car accident victim mistake. It does not matter how innocent or how inconsequential the victim was during the process of the claim being made; the company would only be harsh. But in recent times, things have changed to a great extent. Now the fault act is one of the complex statutory schemes in the state.
No-fault defense lawyer in such cases can be helpful to deal with the opposition party. Early the adjuster would only go through all the forms that the victim of the car accident had submitted. After a lot of interrogations, a private investigator would be hired who shall look forward to finding the mistake and inaccurate statements. It does not matter how innocent or small or insignificant it is but then with the use of such a process, the victim would be blamed for the car accident and the fraud act.
To prove the fault can be the most complex process. This includes the statements of the witness, reports of the police investigation done, photographs, and even other evidence of the car accidents. Even after this, it is not necessary that the insurance company of the other driver wouldn’t accept the claim. This eventually would lead to filing a lawsuit and hence the lawyer can be of great help.