The regulations that determine whether you can sue an at fault driver in a state that use no fault auto insurance differs from one state to the next. In general, no fault insurance is designed to reduce the number of auto accidents that go into litigation, but there are situations in which you are still allowed to sue the driver who caused serious damages or bodily harm.
Commonly, you can only sue the person who caused the accident after your no-fault coverage is exhausted. For example, if you have $25,000 in no fault insurance and the medical bills amount to $35,000, you may be entitled to sue the person who caused the accident. Keep in mind that the monetary limit at which you can sue is defined by each state, so you will need to know the specific laws of the state where you live.
Some states set a limit on the amount you can sue an at fault driver for. Even if the injuries are greater than the amount you are able to sue for, you must abide by the laws of your state on what you can ask for in court. Similarly, there are conditions that must be met before you can sue after your no fault coverage is exhausted. These conditions include, but are not limited to, disfigurement, permanent injury, and loss of life. Consult your insurance policy or contact your insurance agent to find out how this works in your state.
If your insurance company puts unrealistic limitations on your ability to sue, you might want to shop around for new coverage. You can use a website that offers free car insurance quotes to find out which companies offer you the best deal and the most protection. Keep in mind that some limitations are imposed by state laws, and cannot be altered by the insurance company.