n a type of automobile insurance required of car owners by law in 19 states (New
York, Michigan, Massachusetts, Arkansas, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Kansas, Kentucky, Maryland, Minnesota, New Jersey, North Dakota,
Oregon, South Carolina, South Dakota) and the District of Columbia, in which the
persons injured in an accident are paid basic damages by the company that insured
the vehicle in which they were riding or by which they were hit as a pedestrian.
The amount of damages to be paid by the insurance is limited to actual medical and
rehabilitation expenses, lost wages and necessary expenses (such as loss of use
of the vehicle) with a low maximum and for a limited period. In addition, an injured
person can sue the negligent driver for medical costs above the amount of the insurance,
pain and suffering if the injuries required medical treatment or resulted in permanent
injury, broken bones or disfigurement, or wrongful death. All registered automobiles
must be insured. The benefits of no fault include rapid payment of all medical expenses
in most cases; elimination of lawsuits except in cases involving lesser injuries,
very serious injury or death; and elimination of extensive and costly investigation,
proof of negligence, medical reports and depositions. The statutes vary in states
requiring "no fault" insurance. There have been legal challenges to the statutes,
primarily suggesting that limitations on the right to sue or establishment of narrow
categories of injury for which a claim of "pain and suffering" may be included in
a lawsuit are unconstitutional. State courts have struck down those restrictions
which were arbitrary or prevented legitimate claims. The fight over no fault insurance
laws continues state by state, with the insurance companies and some court reform
advocates (who believe "no fault" alleviates a clogging of the courts) favoring
it, and trial attorneys either opposing the proposal outright or wanting much more
leeway for filing lawsuits.
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