If my no fault insurance company denies my personal injury claim can I go after the driver?

There is some overlap between benefits paid by your no fault or accident benefit insurer and what you might be able to claim against the driver of the car responsible for the motor vehicle accident.  So in some circumstances (but not all), if your no fault insurance company denies your claim you can go after the driver.

Deciding who to go after for a particular benefit or claim can be very complicated.  There are pros and cons to either choice. This is something you should discuss with a lawyer.

Factors in the decision will include:

  • Is there 100% liability against the driver of the other motor vehicle
  • Is your claim over the threshold (you can only sue the driver for pain and suffering and medical expenses if your injuries are over the threshold)
  • Is the benefit one you can sue for
  • How quickly do you want to get a hearing
  • How much is the claim
  • Is there a difference in the amount you can get for the particular claim from your own insurance company as compared to the amount you can get from driver of the other car
  • Is this one of the circumstances where there is an overlap or choice

The decision to sue your own insurance company or the insurance company of the driver of the motor vehicle that hit you (or both) should only be made by you once you are fully informed of your rights, options and risks.  Be smart and contact a lawyer.