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Originally Posted by RingoBeetle
Right now, they are calling it a "no fault" accident. My son was driving, so I don't know all the details. The police are trying to find witnesses who will say the truck was traveling too fast for conditions, but so far no luck. It's going to be a fight, at best.
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No-fault liability generally refers to auto insurance programs that allow insureds to recover financial losses from their own insurance company, regardless of who was at fault in an accident. No-fault programs adopt the approach that everyone pays for their own losses from a car accident. The goal is to cut back on lawsuits, since fault (liability) does not have to be determined. In its strictest definition, these programs also restrict the policyholder's right to sue.
"Fault," the opposite of no-fault, refers to the traditional tort-based system which takes into account who was at fault for an accident, and to what degree, when determining what each person (and their insurance companies) will pay for damages (personal injuriesand property damage).
Usually, the laws of the state in which the car accident occurred determines who pays for the damages. There are roughly four different categories of state liability insurance laws: the traditional tort-based system, mentioned above; a no-fault system where the insurance company is required to pay its own policyholders financial losses, but the policyholder retains the right to sue; a no-fault system with no right to sue except under certain conditions; and states that provide a choice between the traditional tort or no-fault systems.
That's all irrelevant to which company ultimately eats it, that is determined by who was in the wrong, which one of the two vehicles was. The driver who caused the accident (in my state anyway) is listed in the police report as driver #1. That's who's rates will go up and who pays the deductible. The other guy's vehicle gets fixed free, unless he opts to pay his own deductible, have the work done immediately, and wait for reimbursement for the deductible. If you were not in the wrong, you do not want your insurance company eating it.