Frequently Asked Questions About Car Accidents
What Does It Mean to Be in a “Fault” State?
Each state sets its own laws determining who is responsible for paying damages after a motor vehicle accident. States are classified as either at-fault or no-fault, which affects how insurance claims are handled and who pays for medical expenses, property damage, and other losses.
If you live in an at-fault state, the driver who caused the crash (and their insurance company) is responsible for covering the costs of the accident for everyone involved. While this system encourages safe driving, proving fault can be complex. Working with an experienced personal injury attorney helps ensure the evidence is properly collected and your rights are protected.
What Does “No-Fault” Mean in a Car Accident Claim?
In a no-fault state, drivers must first turn to their own insurance policies—typically Personal Injury Protection (PIP) coverage—to pay for medical expenses, lost wages, and related costs, regardless of who caused the crash. This system is designed to speed up payments but can also limit your ability to sue the at-fault driver unless your injuries meet certain legal thresholds.
If you were injured in a no-fault state, a Justice First Legal attorney can help you understand your coverage and determine whether you qualify to pursue additional compensation from the negligent driver.
How Do I Prove Liability in a Failure-to-Yield Accident?
A failure-to-yield accident occurs when a driver doesn’t give the right of way to another vehicle, pedestrian, or cyclist. These crashes often happen when someone ignores a stop sign, turns left in front of oncoming traffic, or pulls out of a driveway without checking for oncoming vehicles.
To prove liability, you must show that the other driver acted negligently, that their actions caused the crash, and that you suffered injuries as a result. Evidence such as police reports, witness statements, traffic camera footage, and accident reconstruction expert testimony can make your case stronger.
At Justice First Legal, our car accident lawyers work with investigators and reconstruction specialists to establish fault and build compelling cases for our clients injured in failure-to-yield collisions.
How Do I Know If My Car Is Totaled After an Accident?
A car is considered “totaled” when the cost to repair the damage exceeds the vehicle’s market value. Insurance adjusters compare repair estimates to your car’s actual cash value—the amount it was worth before the crash, factoring in depreciation.
If your car is declared a total loss, the insurance company typically compensates you for its fair market value rather than paying for repairs. For example, if your vehicle is worth $12,000 and repairs would cost more than that, it will likely be considered totaled.
If you believe your car has been undervalued or you’re unsure how to handle the claims process, a Justice First Legal accident attorney can help negotiate a fair settlement with the insurance company.
What Happens If My Driver’s License Was Expired During an Accident?
Driving with an expired license is a traffic violation, but it doesn’t automatically prevent you from recovering compensation if you were injured in a crash caused by someone else’s negligence.
You may still be able to file an insurance claim or lawsuit, but the situation can complicate your case—especially if the other party’s insurer tries to argue that your expired license contributed to the accident.
Our experienced personal injury lawyers can review your situation, clarify your rights, and help protect your claim if you were involved in a car accident with an expired driver’s license.
Who Pays Compensation After a Car Accident Lawsuit?
In most cases, compensation is paid by the at-fault driver’s insurance company. However, the process can vary depending on your state’s laws:
In no-fault states, like Florida, you must first file with your own PIP insurance before pursuing a claim against another driver.
If your damages exceed your policy limits, you may be able to file an additional claim with the at-fault driver’s insurer.
If the crash was caused by a defective vehicle or auto part, you may have grounds for a product liability lawsuit against the manufacturer.
Because each case is unique, the best way to understand your options is to speak with a qualified car accident lawyer.
At Justice First Legal, our attorneys review the facts, determine liability, and pursue every available source of compensation to help clients recover what they deserve.
Need Answers About Your Car Accident Case?
If you’ve been injured in a motor vehicle accident anywhere in the United States, the nationwide personal injury attorneys at Justice First Legal are here to help.
We offer free, no-obligation consultations and handle every case on a no-win, no-fee basis—you pay nothing unless we win compensation for you.
Contact us today to speak with an experienced car accident lawyer and learn your rights.
