If you are not 100% at fault, a claim can be made. Tort claims can be made involving general damages for pain and suffering; loss of enjoyment of life and loss of amenities; loss of income; future care expenses; and other out of pocket expenses. To preserve your claim, the law requires that the at fault person be put on notice 120 days within the date of the accident.
Other than the claim for pain and suffering all other types of claim can be pursued in the normal fashion.
Before an injured person can obtain compensation for pain and suffering, the injuries must either have caused a death or permanent serious disfigurement or permanent serious impairment of an important physical, mental or psychological function. There is also a $30,000.00 deductible for this claim.