Is Massachusetts a No-Fault State for Car Accidents?
Massachusetts is one of several no-fault states when it comes to filing a claim for damages after a crash. You can generally rely on your own policy for injuries and turn to the at-fault driver’s insurance for property repairs. However, just because you can manage a claim on your own doesn’t mean you should.
A Boston car accident lawyer from The Cashman Law Firm explains how Massachusetts is a no-fault state for car accidents and what you need to know to secure maximum compensation for your claim.
What Does No-Fault Insurance Mean in Massachusetts?
A no-fault system reduces the number of lawsuits and allows you to recover payment for your medical bills faster since you don’t have to show who’s at fault. All drivers in Massachusetts must purchase and maintain a minimum of $8,000 in Personal Injury Protection (PIP) to pay for their own injury expenses, including:
- Treatment costs that are reasonable and necessary
- Up to 75% of your lost wages while you heal
- Funeral expenses if you pass away
- Home services, such as childcare, cleaning, and food preparation
PIP only pays for these losses and doesn’t cover pain and suffering damages or vehicle repair. If you’re hurt in a crash, you’ll file a claim for PIP benefits, which will coordinate with your private health insurance to pay the first $2,000 of your bills. If your health insurance doesn’t pay the remainder of your losses, then PIP pays those costs up to the total of $8,000.
Other Required Insurance in Massachusetts Under the No-Fault System
In addition to PIP coverage, Massachusetts mandates car insurance minimums for all drivers, which are:
- $25,000/$50,000 “Bodily Liability to Others” coverage per person/per accident: Pays for injury to other people and only applies to crashes that happen within the state
- $30,000 property damage liability per accident: Pays for damage to other vehicles
- $25,000/$50,000 “Bodily Injury Caused by Uninsured” coverage per person/per accident: Pays for your injuries caused by an uninsured or hit-and-run driver
These policies, along with your PIP coverage, apply to you, anyone with permission to drive your vehicle, any passenger riding with you, and any pedestrian who’s injured by your vehicle.
Can You Ever Sue Another Driver in Massachusetts?
In some instances, you have the right to file a personal injury lawsuit against another driver. If you suffer serious bodily injury as defined in Section 13J – Chapter 265 – Massachusetts General Laws, you can seek full payment for all your expenses, plus the cost of your pain and suffering. The law defines a serious bodily injury as a condition “that results in permanent disfigurement, protracted loss or impairment of a bodily function, limb, or organ, or a substantial risk of death.”
To begin a lawsuit, your medical expenses must exceed $2,000, and you must meet the law’s definition. If you pass away from your injuries, your family members have the right to sue for wrongful death.
Get Help With Your Massachusetts Car Accident Claim Today
Even with a no-fault claim, you can run into issues, such as insurance claim denials and lengthy settlement negotiations. Instead of fighting these battles while you’re hurting, contact us to discuss your situation during a free consultation with a Boston car accident lawyer from The Cashman Law Firm today.