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Top No-Fault Defenses And How Anyone Can Defeat Them Easily

The no-fault law is quite complex, and the application keeps on changing. Likewise, comprehensive knowledge and experience can bring a great difference in success.

No-fault auto insurance law entails every driver to file a claim with their insurance company after a mishap, regardless of who was at fault. In case it’s car insurance, the coverage will pay some or all of the medical bills and lost earnings, whoever may be at fault? One can make a no-fault claim through “personal injury protection.” However, every no-fault state regulation varies.

In most cases, the no-fault act enforces an auto insurer to pay overall benefits after a crash. These include

All reasonably essential medical expenses due to a motor vehicle accident

  • Till three years of lost wage
  • Till three years of essential replacement service
  • Pre-existing Condition

An auto accident may not happen to 100% healthy people. When visiting a doctor, you may have seen how people throng to the chamber to treat parts that have never been affected by a car accident. Therefore, you can always anticipate a pre-existing condition.

Back pain or neck pain before the accident will not entitle you to benefits. In case the mishap aggravated the pre-existing condition, you may be liable for additional medical coverage. Meanwhile, it will be up to you and your lawyer to prove that you were affected. Also, you may have to testify through a doctor, and perhaps, you’ll need to explain the current scenario after the crash.

Unnecessary Treatment

Any insurance provider would be thrifty enough not to go for treatment even recommended by doctors. However, it’s your no-fault defense attorney to make them pay. You are entitled to pay for any medical expenses reasonably relating to the treatment. But you and your lawyer need to be ready to defend against the claim, why the treatment is essential, and whether it’ll help you recover quickly. The doctor you go with may also help explain the course of treatment and its significance.

Auto Insurance Fraud

In recent years, there has been an abrupt rise in auto-insurance frauds. Most insurance companies never hesitate to make a false statement on your original application for insurance. Sometimes you may also come across a false claim on failure to disclose something while availing insurance. Meanwhile, this is a powerful defense, and if the insurance provider proves “material misrepresentation” on the application, the court will eventually and entirely deny all claims related to the accident.

The best way to win the war is to start before the overall case commences. Be very careful when disclosing all relevant information in the insurance application. This should include all details about

  • Occasional drivers
  • Previous accident
  • Traffic tickets

Incorrect Insurance Provider

An incorrect insurance provider is another favorite way to cut the claim. In some complicated, no-fault defense, the company may state that you are not the right defendant. This generally happens if you are claiming benefits as a passenger or a pedestrian. This can be priority-based, i.e., which insurance provider has the nearest connection.

The law states that an insurance provider needs to pay the benefits and reimburse through the insurance company with the highest priority.

Many insurance companies ask the case to be dismissed rather than going through the process. At some point, the attorney may choose to bring a case against multiple defendants and clear out which insurance company has priority later.

The insurance company’s defense attorneys are consistently coming up with new strategies to avoid no-fault defense claims. If you have been injured badly, you will need a personal injury team that will relentlessly fight against their legal defenses.

Irrational Expenses

Most of the insurance provider companies claim that doctors charge too much for their service. In fact, this is totally absurd, and doctors have even raised a lawsuit to collect fees directly. On the other side, these types of suits are now entering their way into patients’ cases, causing the bar to have no-fault benefits.

Remember, you are entitled to be compensated for the overall treatment. These cases need absolute expertise. Your attorney may ask the doctor’s office about the fee structure or has received any no-fault compensation in the past.

If the settlement facilitates less than the overall incurred compensation for the medical bills, you can ask the court to award all the medical debts. They won’t remain liable for medical expenses once the case gets closed.

What if you are Sued?

Someone may claim that your negligent behavior caused the injury; however, your lawyer will have a significant role. He/she may argue

  • You did not owe a duty of concern to the plaintiff
  • You didn’t breach your duty of care
  • The plaintiff did not suffer compensable damage


Changes occur in the area of law. The information that we provide is brought as a public service with the sole aim to assist you through our legal advisors regarding the particular problem. We intend you to help better understand the law in general.

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