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State Insurance Law

Learn your state regulations to protect your interest (find your state in the table below)

Every State has different State insurance law and regulations. It is always a good idea to review your state regulations before contacting an insurance agent or a claim adjuster. Knowing that the insurance law of your state can save you a lot of money and headaches.

Unfortunately many agents and claim adjusters would lie to you to sell you a more expensive policy. Claim adjusters they will tell you that your state law allows them to not give you a rental car. The only way to protect your interest is by finding and reading your state insurance law.

Also remember that your state insurance regulations will affect the way that your insurance claim is evaluated. If your jurisdiction allows for advance payment of medical bills then you could ask for that and the insurance company will have to make those payments even when you are a claimant (not an insured). This would definitely affect the way you would negotiate a claim.

Also know your specific insurance law or the requirements of the state where the accident happened will help you establish who is at fault. Just because someone did something wrong, do not assume that they are 100% at fault.  Read all pertinent statutes that would apply. You will be surprised when the claim adjuster will make a simple statute count against you.

Probably the most important piece of information that you must have always on mind is the statute of limitations. If your state insurance law puts forward a statute of limitation for bodily injury claims, then you must file a formal lawsuit before that date. The statute of limitation in car accidents starts running from the date the accident occurred and it expires when the state insurance law determines. There are different statutes of limitations for both property damage and body injury claims.

The statute of limitation will not stop running because your car is not fixed or because you are undergoing medical treatment. If the statute of limitation expiries, then will lose your rights against the negligent party. Most states requires the insurance company to disclose or to put you on notice that the statue of limitation will expire and what the consequences will be. However, if you are represented by an attorney, then that requirement is not longer necessary.

Not filing a lawsuit before the statute of limitation runs is the number one cause of legal malpractice lawsuits. This is why it is critical for you to know what is the state insurance law and statutes so you do not lose all rights or see yourself in a legal battle against your own attorney.

It is also critical to find what the state law insurance jurisdictionally analysis is followed. U.S. States follow three main jurisdictional schemes, contributory negligence, pure comparative negligence, and modified comparative negligence (they will be explained where it is pertinent).

Depending in what state legislation your are dealing with, this analysis can change the way that the claim is evaluated and settled. It is critical that you understand the difference among each different jurisdiction so you do not agree to something that later can come back and hunt you.

Follow the links below to find more information about each state. You will find insurance State Insurance Regulations and Laws regarding

·         Statute of limitation for property damage and bodily injury

·         Small Claims Court limits

·         minimum amount of insurance required

·         State Insurance Department Websites (where you go to complain)

·         What states require Personal Injury Protection

·         Is your state a No-fault state?

·         Is Uninsured motorist coverage required?

 

Click in your state link below to find the state insurance laws that would apply to you (the state where the accident happened not where you live or where the policy was issued).

 

State Insurance Law
Alabama (AL) Massachusetts (MA) South Dakota (SD)
Alaska (AK) Michigan (MI) Tennessee (TN)
Arizona (AZ) Minnesota (MN) Texas (TX)
Arkansas (AR) Mississippi (MS) Utah (UT)
California (CA) Missouri (MO) Vermont (VT)
Colorado (CO) Montana (MT) Virginia (VA)
Connecticut(CT) Nebraska (NE) Washington (WA)
Delaware (DE) Nevada (NV) West Virginia (WV)
Florida (FL) New Hampshire (NH) Wisconsin (WI)
Georgia (GA) New Jersey (NJ) Wyoming (WY)
Hawaii (HI) New Mexico (NM)  
Idaho (ID) New York (NY)  
Illinois (IL) North Carolina (NC)  
Indiana (IN) North Dakota (ND)  
Iowa (IA) Ohio (OH)  
Kansas (KS) Oklahoma (OK)  
Kentucky (KY) Oregon (OR)  
Louisiana (LA) Pennsylvania (PA)  
Maine (ME) Rhode Island (RI)  
Maryland (MD) South Carolina (SC)  

 

For more state insurance law and traffic regulations click here.

 

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