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State Comparisons

Summary: The state no-fault plans outlined on these pages provide no-fault benefits in the form of additional first-party coverage, but, unlike in true no-fault states, do not strongly restrict the right to sue. They are often referred to as add-on no-fault plans. Because the use of tort liability is not fully impaired, these plans, for purposes of this discussion, are classed as expanded medical payments and disability benefits rather than modified no-fault plans. The modified no-fault plans are discussed elsewhere in this section. New Hampshire, Virginia, and Wisconsin are also add-on states, although there are no specific add-on endorsements for these states.

States covered:Arkansas Delaware Maryland Oregon Pennsylvania South Dakota

Texas Washington

Arkansas

The Arkansas no-fault law became effective on July 1, 1974 and applies to any private passenger motor vehicle in the state. Form PP 05 82 10 07 provides no-fault coverage. On that form, “private passenger motor vehicle” is defined as private passenger vehicles, station wagons, jeeps, pickups or vans not used for business purposes (other than farming or ranching), and motorcycles. The term does not include a vehicle used as a public or livery conveyance. The no-fault coverage is for the named insured or any family member who sustains bodily injury while occupying, or as a pedestrian when struck by, a motor vehicle. Also covered as an insured is any other person who sustains bodily injury while occupying, or as a pedestrian when struck by, the named insureds covered auto. Any other person is also considered an insured (though not for work loss or accidental death benefits) if he sustains bodily injury while occupying a motor vehicle other than the named insureds covered auto if the injury results from the use of the motor vehicle by the named insured, operation of the motor vehicle by the named insureds private chauffeur or domestic servant on behalf of the named insured, or from the use of the motor vehicle by a family member (if the motor vehicle is a private passenger auto or trailer).

No coverage is provided for bodily injury sustained by any insured while operating the named insureds covered auto without express or implied consent or while not in lawful possession of the covered auto. The form also excludes duplicate payments for medical payments or work loss benefits. And, the form contains the standard furnished or available for the regular use of exclusions, as well as the war and nuclear material exclusions.

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