This necessity of proving that a driver was at fault creates an avalanche of litigation which swamps the nation's courts, costs billions of dollars in legal fees and helps raise the cost of auto insurance to new heights every year. It also frequently causes injustice to victims of accidents in which it is difficult to prove negligence, in which both drivers were partially negligent or in which it is impossible to determine who was at fault, as in chain collisions that involve dozens of cars. In addition the system tends to delay compensation causing hardship to victims because the insurance companies have the right as well as an obligation to their shareholders to resist insurance pay outs or defer it in the hope of a cheaper settlement.
To alleviate these problems and injustices many states have adopted the no fault automobile insurance laws. While exact provisions of these laws differ from state to state their key elements are the same. If you have no fault insurance you need not prove that the other party was negligent. Your own insurance company will promptly pay you. Property damage may not be covered. If you still have the right to sue the other parties.
Contact a lawyer immediately in your state to find out more.