Massachusetts Car Accident Compensation Laws

Massachusetts laws about car accidents put a good deal of pressure on victims making personal injury claims. As a no-fault state, claimants must prove the other driver was responsible for the accident. Because Massachusetts uses a modified comparative negligence rule, the victim can't be responsible for their own injuries.

As long as a driver has a valid insurance policy at the time of the accident and understands Massachusetts car accident laws, they should get fair compensation for their injuries and property damage.

Massachusetts Car Accident Compensation Laws

Massachusetts uses a no-fault insurance claim system. Under this system, accident victims file injury claims with their own insurance companies first. State law requires victims to max out their policy limits before pursuing a claim or legal action with the other driver's insurance.

Drivers in Massachusetts must have personal injury protection (PIP) coverage. PIP coverage pays all initial medical bills and costs associated with an auto accident. Also, all drivers must have:

• Bodily injury liability coverage: $20,000 per person/$40,000 per accident
• Property damage liability coverage: minimum of $5,000 per accident
• Uninsured/underinsured motorist coverage (UI/UIM): $20,000 per person/$40,000 per accident

These are minimum limits. Once expenses exceed the policy limits, an at-fault driver could be liable for more damages. Drivers should get higher coverage if they can afford it.

Modified Comparative Negligence

Massachusetts uses a statutory modified comparative negligence rule when awarding damages. Like most states, Massachusetts realizes that car accident cases often have many causes. This rule allows the claimant to recover damages as long as their degree of fault is less than that of the at-fault party. The claimant must be less than 50% at fault to recover. Also, the percentage of fault reduces your recovery amount.

Suppose you were 10% responsible for your accident. You can still sue the at-fault driver, but you will only get 90% of what you ask for. If you are 40% at fault, you can only recover 10% of your damages (because of the 50% rule mentioned above).

Damages and Limits

When discussing car accident lawsuits, "damages" means the money awarded to you for your injuries and vehicle damage. There are two general types of damages in a personal injury case.

Economic damages have a determinable monetary value based on medical bills, repair invoices, etc. They include:

• Medical expenses, including future medical costs for treatment
• Lost income and wages
• Property damage not covered by your car insurance

Non-economic damages involve less tangible costs, although they may demand proof of medical treatment. These include:

• Pain and suffering
• Permanent and serious disfigurement
• Emotional distress

Punitive damages can't be awarded in a car accident lawsuit except in wrongful death cases. They are rare and require a showing of gross negligence or wanton and malicious behavior.

Limits

The statute of limitations for personal injury and car accident claims is three years from the accident date. The no-fault system means you must file your claim through your own insurance company and exceed your policy limits before you can file a personal injury lawsuit.

For this reason, it's better to consult a personal injury attorney as soon as possible after a car accident.

Get Legal Advice from a Massachusetts Car Accident Attorney

The rules of Massachusetts insurance coverage and time limits can make recovery after a car accident difficult. Get legal advice early by consulting an experienced Massachusetts motor vehicle accident attorney.