The Shoulder
The Shoulder
54
quick-marten-979

Other driver was cited at the scene but 'no-fault' state is confusing the heck out of me

So I got rear-ended at a red light about three weeks ago. Pretty clear-cut situation — the officer on scene gave the other driver a citation and the accident report lists her as at fault. I thought that meant I was in good shape.

Then I find out I live in a no-fault state and suddenly nothing makes sense anymore.

My car is technically "drivable" but I've got a cracked rear bumper, the trunk doesn't close right, and there's some kind of grinding noise when I go over 20 mph. I've been too scared to drive it on the highway. I rely on this thing to get to work — I'm a home health aide and I drive between clients all day. Not having a functional car isn't just an inconvenience, it's literally costing me shifts.

I've already called my own insurance and filed a claim. They mentioned something about PIP covering my medical stuff but were vague about the car damage and lost wages. I also reached out to the other driver's insurer and they said they'd "look into it" which felt like a brush-off.

A few things I'm trying to wrap my head around:

  • Does no-fault mean the other driver is basically off the hook even though she was cited?
  • Can I go after her insurance directly for the car repairs and my lost income?
  • Is there a point where my injuries (I've got some neck stiffness and headaches) would let me step outside the no-fault system?

I'm not trying to get rich here. I just want my car fixed and to stop losing money while someone else's mistake is costing me every single day. Any help navigating this would be huge.

15replies

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15 replies

  • 20
    tidy-vole-986

    That "we'll look into it" response from her insurer is classic delay language. They're hoping you get frustrated and just run it through your own insurance so they don't have to pay. Document EVERYTHING — every call, every email, every symptom. The moment you feel like they're stalling, escalate. Don't wait around for them to do the right thing on their own.

    • 10
      honest-dreamer270

      Really glad you posted an update — gives the rest of us some hope.

  • 19
    curious-grouse-234

    I went through something really similar last year — no-fault state, other driver clearly at fault, and I was completely lost. The short version of what I learned: no-fault mostly applies to medical coverage, not property damage. Your car repairs should still be claimable through the at-fault driver's liability insurance. Don't let them tell you otherwise. Keep pushing on that property damage claim separately.

    • 7
      weary-survivor705

      Thanks for sharing. Hope things are getting a little easier for you.

    • 4
      thankful-overpass553

      Saving this whole thread. Really appreciate the honesty here.

  • 17
    keen-dove-508

    Not legal advice, but to answer your question about stepping outside no-fault — most no-fault states have what's called a "serious injury threshold." If your injuries meet that bar (and persistent neck issues plus headaches after a rear-end collision can sometimes qualify), you may be able to bring a claim directly against the at-fault driver for pain and suffering beyond what PIP covers. Worth a free consult with a PI attorney to see if your situation qualifies. Most won't charge you anything upfront.

  • 17
    clear-vole-136

    I used to work on the claims side and I can tell you — no-fault gets misrepresented constantly, even by adjusters who should know better. No-fault does NOT protect the at-fault driver from a property damage claim. Those are handled under their liability coverage, not PIP. If their adjuster is implying your car repair falls under no-fault rules, that's either ignorance or a soft attempt to redirect you. Push specifically for their bodily injury and property damage liability lines.

  • 13
    tidy-raven-836

    A couple of practical things that'll help you regardless of which direction this goes:

    1. Get the full accident report — not just the summary, the whole thing including the citation info. 2. Take photos of all damage today if you haven't, with timestamps. 3. Start a simple notes doc logging every day you missed work or couldn't complete routes, with dollar amounts.

    Lost wage claims are totally legitimate but they're much easier to support when you've been tracking them in real time rather than reconstructing from memory later.

    • 0
      steady-passenger272

      Going through something similar right now. Did following up actually move the needle for you?

    • 0
      mellow-late-shift187

      Took me three tries but they finally budged. Don't give up.

  • 10
    warm-badger-714

    Please don't ignore the neck stiffness and headaches. I know it's easy to focus on the car and the money stuff, but soft tissue injuries from rear-end collisions can sneak up on you. See a doctor now if you haven't already — not just for your health, but because having medical records that start close to the accident date matters a lot if this turns into a bigger claim later. Don't wait until the pain gets worse to get it documented.

    • 6
      steady-survivor449

      Curious whether you did this on your own or had help with it.

  • 9
    warm-marmot-083

    This sounds so stressful, especially with your job depending on your car. The fact that you're asking questions and being proactive is good — a lot of people just freeze after accidents and end up worse off. Hoping you get this sorted out quickly. You deserve to not be penalized for something that wasn't your fault.

    • 0
      patient-driver317

      How long did it end up taking in your case?

  • 8
    brave-swift-051

    Stop waiting on either insurance company to guide you toward the right answer — that's not their job. Talk to a personal injury lawyer. Most do free consultations. You've got a police report, a citation, documented damage, medical symptoms, AND lost wages. That's actually a solid foundation. You're not being greedy, you're being reasonable. Go get someone in your corner.