Practice Area: Basic Motor Vehicle Accident Law 1 of 2

BASIC MOTOR VEHICLE ACCIDENT LAW

There are essentially two types of benefits available to a person injured in a motor vehicle collision (these are available to owners of the vehicle as well as passengers, non-owner drivers and pedestrians): No-fault benefits and fault benefits.

NO-FAULT BENEFITS:

• 1. Reasonable medical, therapy, hospital and dental bills, not exceeding $8,000 (see below for the so-called coordination of medical benefits)

• 75% of lost wages/earnings resulting from any disability as a result of the accident.
• Funeral bills.

FAULT BENEFITS (Pain & Suffering)

Fault benefits are in addition to no-fault benefits and are available to drivers or pedestrians that are less than 50% at fault in causing the accident, and to passengers and at least one of the following conditions is met:

• 1. The injured person’s medical bills exceed $2,000;
• 2. The injury results in a fractured bone (including teeth);
• The injury results in a permanent disfigurement or scarring;
• Total or partial loss of hearing or vision;
• Loss of any part of the body; or
• Death.