My wife was just in an auto accident (thank goodness she wasn't hurt) and while the investigation isn't done yet, my own belief and those of everyone I have talked to, including my insurance guy, is that she was *not* in the wrong. We live in a "no-fault" state- does that mean the other driver's insurance company can just say "we're not going to pay, regardless of who did what." ?
Our vehicle was totaled, and all we had was liability insurance- is there still a way to push for our insurance company to help us out with this? What about taking the other party to court?
2007-02-27 12:01:52 · 6 answers · asked by Marc B. 3 in Cars & Transportation ➔ Insurance & Registration
I live in North Dakota
2007-02-27 12:35:58 · update #1
The term "no fault" is misleading. North Dakota is based on a no-fault system...all this means is you can receive payment from your insurance company regardless of fault in an accident, but in order to do so, you have to have COLLISION COVERAGE or some other 1st party coverage.
You can't "push" your insurance to help you out...that's not what you're paying them for. You only have liability coverage--their obligation to you is to defend any lawsuit brought against you in the event you are at fault for an accident. Their job is NOT to call the other guy daily & harass them on your behalf. If you had collision coverage on your policy, they would do so b/c you're paying them for that.
You have to deal with this on your own. If you want to sue, you have to do it on your own. Your insurance company can not tell you how to go about doing this, they can not advise you (adjusters, although well versed in the law, are NOT attorneys), all they can do is investigate the claim (as they've done), make a liability decision (which they're doing) and defend you against any claims made under YOUR policy by someone else.
2007-02-27 16:01:35 · answer #1 · answered by bundysmom 6 · 1⤊ 1⤋
Just liability coverage is not good unless you only drive $300 clunkers you don't care about, and have good medical coverages with no exclusions for motor vehicle injuries. You broker or agent should have, and probably did, mention this.
No fault has different definitions, depending on jurisdiction. In Manitoba, it applies only to injury claims, not vehicle damage. No-fault vehicle damage is an absolutely retarded concept. It decreases the costs for the really bad driver, and increases costs for the good driver. North Dakota uses a monetary threshold. Injured victims' medical expenses must exceed a specific dollar amount or meet a verbal threshold in order to bring a lawsuit.
2007-02-27 20:42:22 · answer #2 · answered by Fred C 7 · 0⤊ 0⤋
first of all: i'd like to say "ProfessorC" needs to sit down and shut up. i know what it's like getting your car totaled in an accident that is not your fault and the kind of coverage you have shouldn't matter when someone else completely wrecks your car.
secondly: i did some research and found this:
"The state of North Dakota follows a No-Fault system meaning your insurance company will make payments for your injury claims regardless of fault, up to a specified limit."
if you have liability only, you have to contact the other driver's insurance company and have them pay for it. unless you have collision insurance, your insurance company can't fix your car. they can't talk to the other insurance company on your behalf either because that constitutes legal representation (like they are your attorney) and that is illegal. you have to do it yourself or with a lawyer.
i hope you had a police report filed, if so that makes everything really simple. just pick up a copy, call your insurance company to find out the name and contact for the other guy's company (it is written in a numerical code on the report) call them to file a claim and fax the police report. if you didn't get a police report, then you're in for a fight. its your word against theirs.
good luck!!
2007-02-27 23:01:50 · answer #3 · answered by morequestions 5 · 1⤊ 1⤋
You should be able to file a claim for the damages to your veh with the other persons insurance... Generally no fault means that each person would file with there own company, but if they don't offer to fix your veh, or pay for damages. There is always the option of court.. Most likely your insurance company will not, and cannot help you... Just out of curiosity r u insd with Amfam...
2007-02-27 22:55:36 · answer #4 · answered by D.L. 4 · 0⤊ 0⤋
Well, you havent given us enough information to help you out here. What state do you live in?
In florida for example, its a "no fault" state- but all that means is that 80% of your medical expenses go through your own insurance. Your damages still go through the at fault parties insurance.
Why dont you ask your claims rep what your state does since youve obviously already talked to them? That is what you pay them for- to help you at times like these.
2007-02-27 20:11:13 · answer #5 · answered by la428282 6 · 0⤊ 0⤋
No fault means no fault. Your insurance company covers your losses. You made the choice to drive without full coverage and you'll have to pay for a new vehicle.
2007-02-27 20:12:22 · answer #6 · answered by professorc 7 · 0⤊ 2⤋