What Happens if No One Is At Fault In A Car Accident?

Accidents and unintentional injuries are the third leading cause of death in the United States with approximately 161,374 deaths a year (Healthline). Of those, 38,000 deaths every year result from car accidents (NSC). And the chances are, you have been in an accident or you will be in one in your lifetime. We aren’t trying to be negative, it’s true! The average American will be involved in 4 car accidents in their lifetime (Forbes). And at some point, you’re going to need to know what happens if no one was at fault after your car accident.

Of course, the details of each situation differ from one to the next. But a West Palm Beach car accident lawyer will fight for your case the same as a Fort Lauderdale car accident lawyer will. The details may differ, but the law allows us to follow certain guidelines.

Here’s what happens if no one is at fault after a car accident.

What is a No-Fault Car Accident?

A no-fault car accident refers to a car accident that is caused by sudden traffic obstruction, a medical emergency while driving, or uncontrollable events that led to the accident. The idea is that no one is at fault in the auto accident through their actions or avoidable actions.

You can usually tell if a car accident was no-fault if there was no ticket issued. However, that does not mean the case is closed. Sometimes, courts and lawyers can still argue who is at fault even if a ticket is not issued. And sometimes, rulings can be changed even if a ticket was issued. Never assume the case is over or that no one was at fault before speaking to a personal injury attorney.

No-Fault Coverage (PIP Coverage)

But what will happen if no one is at fault for your car accident? You can always file a no-fault car insurance claim.

The insurance provider will compensate the policyholder and its passengers for the cost of minor injuries and loss of income regardless of who caused the accident. This type of insurance policy is only available in selected states.

In Florida, the no-fault law protects both drivers. 

What is a no-fault state?

A no-fault state is one where drivers involved in a car accident are required to file claims with their own insurance companies, regardless of who caused the accident. This system relies on Personal Injury Protection (PIP) coverage, which compensates for medical expenses and lost wages up to a state-determined limit. However, no-fault laws do not eliminate the possibility of pursuing claims against another driver in cases of serious injuries or damages exceeding PIP limits.

What Happens in a No-Fault Accident in Florida and No-Fault States?

In Florida, as a no-fault state, both drivers turn to their own auto insurance companies to make claims. However, at-fault drivers are still responsible for covering any damages they cause to other parties involved in the accident including property damage, or covering injuries that exceed PIP limits.

To provide for injuries and damages, Florida drivers must have personal injury protection (PIP) coverage. In Florida, PIP coverage will cover things like health insurance deductibles, lost wages, and any equipment or services you need while in recovery. Every driver has up to $10,000 worth of insurance coverage.

However, no-fault car insurance has limits. It does not cover damages to your vehicle. But you can always file a separate claim for car damages to your collision insurance if you have one.

No-fault insurance is intended to reduce the cost of lengthy mitigation and insurance claims. A policyholder who claims a no-fault insurance claim is expected to experience a streamlined process.

But do not let this deter you from asking for the compensation you need to make yourself whole again. You never have to accept a settlement offer from an insurance company. There are times you can and should fight for a higher claim, even if no one was at fault. One such case is when you get a serious injury in a no-fault accident.

What Happens in a No-Fault Accident if You Have Serious Injuries?

In no-fault states such as Florida, if your injuries from an auto accident are severe, your Personal Injury Protection (PIP) coverage may fall short. While PIP initially covers medical expenses and lost wages up to the state’s limit (typically $10,000 in Florida), serious injuries—such as permanent injury, significant disfigurement, or death—allow you to step outside the no-fault system. This means that you can pursue a claim directly against the other driver for compensation that exceeds what PIP covers, including damages for pain and suffering. Though the accident is classified under no-fault laws, serious injuries create a legal pathway to hold the at-fault driver responsible for additional costs. Each state’s threshold for “serious injury” may vary, but understanding these exceptions is crucial for obtaining your full compensation. 

Although the accident initially falls under the no-fault system, determining fault in these severe cases becomes critical, and a court may ultimately decide who is responsible for the additional compensation that we’ll discuss next. This legal process holds the at-fault party accountable, requiring strong evidence and legal representation to prove liability.

Who Determines Fault?

In most car accident cases, the police officer who arrives at the scene will be the one who determines fault in the case. They will take statements, survey the area, and use their knowledge of auto accident scene investigation to assign fault, issue a ticket, and then write a report of the MV accident.

However, ultimately, a judge will determine who is at fault in a car accident, if and when your case makes it to court. If not a judge, an arbitrator might also determine fault if your case does not make it to court. So again, even if no ticket was issued after the car accident, or if you were issued a ticket, you can still fight the decision and possibly earn a high settlement claim.

However, ultimately, a judge will determine who is at fault in a car accident, if and when your case makes it to court as we’ve discussed above. If not a judge, an arbitrator might also determine fault if your case does not make it to court. So again, even if no ticket was issued after the car accident, or if you were issued a ticket, you can still fight the decision and possibly earn a high settlement claim.

What States Have No-Fault Insurance Laws?

Courtesy of Allstate

Although these states have no-fault insurance laws, each state has its own rules that dictate the types of damages that are covered within the no-fault claim. So, if you have been involved in a no-fault car insurance accident, you must review your insurance policy to know if your circumstance is guaranteed coverage.

But then again, it is always a good idea to consult with a no-fault lawyer who has the knowledge and experience to handle your case.

With millions of vehicles on the road spread across the country, it is no wonder why millions of vehicular and road accidents are recorded each year in the U.S. States have varying laws when it comes to car accident claims, even if no one is at fault.