If you sustained an injury in a crash, you have the right to seek compensation to cover your medical expenses, lost wages, and other damages. It doesn’t matter if your damages are only a few thousand dollars or hundreds of thousands of dollars.
However, if you live in a no-fault state, you will typically get compensated through your Personal Injury Protection (PIP) policy. This allows both parties to recover damages up to the policy limit, regardless of who was at fault. However, you may need to pursue additional compensation from the other driver’s insurance company if the total damages exceed the PIP policy limit.
If you were involved in a crash with an uninsured driver, you can still recover damages for minor injuries. Rather than seeking compensation from a 3rd party insurer, you would get compensated from your own insurance company through your uninsured motorist (UM) coverage. Depending on which state you’re in, you may already have it.
However, UM is optional in some states. That means, you’ll need to add it on to your car insurance policy to get compensated after a collision with an uninsured driver. This type of insurance also pays for damages if you’re hit by a driver who leaves the scene of the crash and is never identified.
If you were partially at fault, you can still recover damages, depending on which state you’re in. Some states use the pure comparative negligence rule, which allows you to get compensated for your damages. However, your compensation would be reduced by your percentage of fault.
Pure comparative negligence doesn’t have a threshold that bars you from recovering damages like other types of comparative negligence. That means that you can recover 1% of your damages if you’re 99% at fault.
Other states use the modified comparative negligence rule that has a threshold of either 50% or 51%. This means that you can’t recover damages from the other driver’s insurance company if your percentage of fault exceeds that threshold. However, you can still recover damages if your fault is less than the threshold.