Question

SUBJECTIVE QUESTIONS

What is liability without fault, please elaborate the concept with example and also furnish one case law.

Looking for a type-in answer class of business law

Answer 1

Liability without fault is a circumstance in which the defendant is held criminally liable for his actions even though criminal intent is absent. In other words, cases of liability without fault require only actus reus, without the mens rea requirement. This runs directly counter to the usual precept of criminal law in the United States, which holds that it is better to acquit a guilty person than convict an innocent one. In cases of liability without fault, it is better to convict an innocent person than acquit a guilty person.

Basically, what no fault auto insurance is, is if you are in an accident, you make your claim and deal with your insurance company no matter who was the cause of the accident. Your insurance company pays for damages to your car or for medical expenses instead of you waiting for the other driver’s insurance to pay those costs.

There are thirteen states that either require or give the option of no fault insurance; these states are New York, Kentucky, Hawaii, North Dakota, Utah, Kansas, Massachusetts, Pennsylvania, New Jersey, Florida, Colorado, Minnesota, and Michigan.

What happens in a no fault claim is the insurance company will determine the amount of blame you had in causing the accident which will determine if your policy premiums will go up or stay the same. If you are determined to be the major cause of the accident, it is likely your coverage will increase considerably