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FACT SHEET: Tort System and No-Fault

 

 

If the Innocent Person "Chooses"...  

 and the Driver at Fault "Chooses"...

 

The Innocent Person Recovers His or Her Economic Damages from...

The Innocent Person Recovers His or Her Non- economic Damages from...  

Tort

Tort

At-fault driver who is fully liable for all injuries.

At-fault driver fully liable for all injuries.

 

No-Fault

No-Fault

Innocent person's no-fault coverage;


Driver at fault not liable
if injuries are covered by innocent person's auto insurance or Federal, State or private health, disability, workers' compensation or wage continuation coverage carried by innocent person or that person's employer.

Non- economic damages not available: 

At-fault driver given immunity from suit for non-economic injuries, regardless of the magnitude of the harm.

 

No-Fault  

Tort  

Innocent person's no-fault coverage;

Driver at fault not liable
if injuries are covered by innocent person's auto insurance or Federal, State or private health, disability, workers' compensation or wage continuation coverage carried by innocent person or that person's employer. 

Non-economic damages not available:

Innocent person signed away the right to recover for non- economic injuries, regardless of the magnitude of the harm.

Tort

No-Fault

Innocent person's own coverage;

Driver at fault not liable if injuries are covered by innocent person's auto insurance or Federal, State or private health, disability, workers' compensation or wager continuation coverage carried by innocent person or that person's employer.

Innocent person's own coverage;  

At-fault driver given immunity from suit for non-t economic injuries, regardless of thees magnitude of thed harm.

 

Republished with the permission of the Association of Trial Lawyers of America.