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At-Fault vs. No-Fault Accident

Robert Stahle • July 27, 2022
A car accident | At-Fault vs No-Fault Accident

It’s a no-brainer to get automobile insurance when you purchase a car, as this is mandated by law. This protects you and your vehicle from potential risks and accidents. However, car accident insurance claims may vary from state to state.

Now, there are two types of auto insurance claims: at-fault and no-fault accidents. States with at-fault accident claims require the driver at fault to pay for the damages and medical bills of the other driver involved. On the other hand, in no-fault accident states, each driver is responsible for their medical bills.

Learning the difference between these two claims and which states have no-fault insurance laws can help you get the compensation you need. Let’s take a closer look.

What Happens in the At-Fault States?
At-fault states are also known as tort states. These states require the driver who caused the accident to compensate for the damage through car insurance or paying for them out of pocket. If you pay using your insurance, the property damage liability will cover the damage to the vehicle. Likewise, bodily injury liability will cover the injuries of the other driver and passengers involved.

However, if the bill exceeds the limit of your insurance, you’ll have to pay the damages yourself. Also, depending on your insurance claim, your policy can cover your and your passengers’ injuries.

What Happens in the No-Fault States?
In no-fault accident states, there’s still a person liable for the crash. No-fault only refers to the injuries obtained during accidents. Each driver’s insurance company will pay for their medical bills through PIP (personal injury protection) regardless of who caused the crash. However, the at-fault driver is still liable and will pay for the damages to the other driver’s car.

You’re probably wondering what states have no-fault insurance. Well, here they are:
1. New York
2. New Jersey
3. Minnesota
4. Michigan
5. Florida
6. Kentucky
7. Massachusetts
8. Kansas
9. Hawaii
10. Utah
11. North Dakota
12. Pennsylvania

Call a Professional Now
Knowing these laws and having a deep understanding of them can give you an advantage in the future. If you’re a person looking for a trusted car wreck lawyerin NE and IA, you should call Fitch & Stahle Law office. Our attorneys will get you the compensation you need. Call us today!

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.