Are There Car Accident Benefits in Every Jurisdiction with a No-Fault Insurance System?

In every jurisdiction with a no-fault vehicle insurance system, the drivers and occupants of any vehicle involved in a collision have the right to claim compensation for their injuries. The delivery of such compensation does not depend on the victim’s ability to prove that the other driver was at-fault for the accident. Injury lawyer in Apple Valley knows that such compensation does not always get described as an accident benefit.  

What is an accident benefit?

In California, the holders of an insurance policy are guaranteed the chance to seek accident benefits, after becoming involved in an accident. The insurance companies operate within a province-wide, no-fault insurance system.  

Who can apply for accident benefits?

In areas where the insurance companies allow policyholders to request “accident benefits” the insurance companies have agreed to accept an application from both the driver and all occupants of a hit vehicle, regardless of who was at-fault. The term occupants do not refer to any occupant that has sustained an injury. Instead, it applies to all of the vehicle’s passengers, even those that were not injured. In certain places, those eligible for accident benefits must complete their application within a set period of time.  

How could “accident benefits” apply to a caregiver?

If a caregiver had been riding with a client/patient at the time of a car accident, and that same patient/client was injured, then the caregiver could apply for accident benefits. That opportunity would be granted to any caregivers/occupants, regardless of what the facts had indicated, regarding which of the involved drivers had been found at-fault for the accident, and whether or not the same caregiver had been injured.  Still a caregiver might be denied an anticipated benefit, if one of the accident’s circumstances had allowed it to qualify as exclusion.  

What could be the reason for excluding from coverage someone that had hoped to receive an accident benefit? 

It could be that the injured victim had known that the driver did not have a valid license. 

It could be that the driver had been excluded from the vehicle owner’s insurance policy, and the victim knew that the same driver had not received the owner’s permission to sit at the wheel of the insured vehicle. 

Any occupant of a vehicle that is being used to carry out an illegal act does not qualify for any requested benefit. 

Anyone that has misrepresented his or her status to the insurance company does not qualify for benefits’ delivery, after involvement in a given accident.  

How extensive could a caregiver benefit be?

It could be simply an attendant care benefit, which would compensate for medical expenses. It might cover the needs of a non-earner.

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