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Are you about to travel to a different state for work or vacation? Will you be driving your own vehicle and using it to get around your destination state? If so, be sure to check the state's automobile accident fault laws, and remain as alert on the road as can be if you're visiting a no-fault state.
The Problem With No-Fault States
In no-fault states, drivers are required to carry a certain amount of personal injury protection (decided by the state). If they're ever in an accident, they'll be awarded an amount of compensation for their injuries up to or equal to their policy coverage, regardless of who was at fault for the accident.
No-fault laws are designed to keep insurance premiums low for citizens of states that implement them. Because many claims don't make it to court, lengthy, expensive lawsuits are often avoided.
Unfortunately, since fault holds no bearing on the amount of compensation awarded in these states, less than honest individuals attempt to cheat the system by purposely causing small crashes, using phony doctors to substantiate false injuries, and then cashing in on inflated personal injury claims.
In 2014, the top 3 ranking states for number of staged accidents were Florida, New York, and Minnesota -- 3 of the country's 12 no-fault insurance states.
Avoiding A Staged Accident
If the state you'll be visiting is a no-fault state, you've got to be diligent about watching for dangers while on the road. Allow drivers around you plenty of space, and never multitask while in your vehicle. Ignore others drivers who offer random acts of road kindness, such as signaling you to go first when you don't have the right-of-way; they could be setting you up for a collision.
It's also a good idea to increase the limits on your liability coverage before you depart from your home state. Should a criminal ever be successful in their attempt to sue for a staged accident, they can go after your personal assets if their insurance doesn't cover the full brunt of their fabricated injuries.
If You're In A Staged Accident
Despite your most diligent efforts, there is still a chance that you'll fall victim to a staged accident crime. Never attempt to settle for damages at the scene of an accident. While it might be nice to put the fender-bender behind you and forget about it, there's a good chance that the other driver will take your money and file an insurance claim anyway, and possibly sue you too. If you're in an accident while in a no-fault state, document the scene of the accident carefully. Take as many photos as possible, write down the names and phone numbers of eye-witnesses, and call the police immediately.
Now is also a good time to contact a reputable auto accident attorney. The criminals who stage automobile accidents aren't always working alone. In some cases, they are part of massive insurance fraud rings. The leaders of these rings often train their drivers on everything, from what to tell the police when they arrive at the accident scene, to how to fill out their medical paperwork. Furthermore, the staff members at the clinics that treat the allegedly-injured drivers are often paid to corroborate false injury claims.
These criminals know what they're doing, and they have plenty of practice doing it. You'll need the help of a lawyer, such as those at Burgess & Perigard, with experience in staged accident claims.
No-fault insurance states are notorious for their high number of staged accidents. If you're traveling to a no-fault state, be ever-so-careful while on the road. If you're involved in an accident, communicate with the other driver as little as possible. Instead, contact the authorities and an auto accident lawyer, and start building a case that proves that the collision was an intentional act of insurance fraud.
Share29 October 2015
