Car accidents happen all the time in Massachusetts, whether it’s a fender bender in Boston traffic or a major crash on I-90. If you’ve been injured, you might wonder how to get your medical bills covered and whether you can sue the other driver. Massachusetts has a no-fault insurance system, which means you turn to your own insurance first, no matter who caused the accident. But in some cases, you can still file a claim against the at-fault driver. Knowing when and how to do this is important. If you need help figuring out your options, a Massachusetts auto accident lawyer can guide you through the process.
How No-Fault Insurance Works in Massachusetts
Massachusetts law requires drivers to have Personal Injury Protection (PIP), which pays for medical bills, lost wages, and some other costs after a crash. Since it’s a no-fault system, you go through your own insurance first, even if someone else caused the accident. This system is designed to make things faster and reduce legal battles over minor crashes.
However, PIP only covers so much. It doesn’t pay for pain and suffering, and there are limits to how much it will cover. If your injuries are severe or your medical-related expenses go beyond a certain amount, you may have the right to file a claim against the driver who hit you.
When You Can File a Claim Against the Other Driver
While Massachusetts requires you to use PIP first, there are exceptions that allow you to seek more compensation. You can file a claim against the at-fault driver if:
- Your medical bills exceed $2,000: If your injury-related expenses go over this amount, you can step outside the no-fault system.
- You have serious injuries: This includes broken bones, permanent scarring, or lasting disabilities.
- Someone was killed in the accident: If a family member died in the crash, you may be able to file a wrongful death claim.
When your case qualifies, you can seek additional compensation for things PIP won’t cover, like pain and suffering and lost income beyond the PIP limit.
How Shared Fault Affects Your Claim
Even if the other driver caused the accident, Massachusetts follows a modified comparative negligence rule. This means if you were partially at fault, your compensation would be lowered based on your percentage of responsibility. If you were more than 50% responsible, you wouldn’t be able to recover anything from the other driver.
As an example, if you were awarded $100,000 but were found to be 20% at fault, your final payout would be reduced to $80,000. Insurance companies are known for trying to blame accident victims to lower their payouts, so having a Massachusetts auto accident attorney on your side can help protect your rights.
What Helps Strengthen Your Case
If you need to file a claim beyond PIP, solid evidence can help prove your case. Important evidence includes:
- Police reports: Official reports can indicate who was to blame.
- Medical records: These show how serious your injuries are and connect them to the crash.
- Witness statements: Anyone who witnessed the accident can support your version of events.
- Photos and videos: Pictures of damage, your injuries, and the accident scene help build a strong case.
- Traffic or dashcam footage: Video evidence can show exactly what happened.
- Expert opinions: Accident specialists can analyze the crash and determine fault.
Why a Lawyer Can Make a Big Difference
Insurance companies try to pay out as little as possible, and they often argue that you were at fault or that your injuries aren’t serious. A skilled lawyer can:
- Gather the right evidence to prove your claim.
- Deal with insurance company reps so you can fully focus on healing.
- Fight for a fair settlement that will cover all your costs.
- Represent you in court if necessary.
Many accident victims accept low settlements because they don’t realize they deserve more. Having an experienced attorney on your side can prevent this from happening to you.
Take Action to Get the Compensation You Deserve
Massachusetts’ no-fault system can be confusing, and PIP often doesn’t cover everything you need. If your injuries are serious or your expenses are high, you may have the right to seek more compensation from the other driver.
If you were hurt in a crash anywhere in Massachusetts—whether in Worcester, Cambridge or along Route 128—don’t wait to learn your legal options. Speaking with a knowledgeable Massachusetts auto accident attorney can help you understand your legal rights and get the best possible compensation you need to move forward.
