The firm handles Massachusetts car accident cases everyday. There are complex issues of law that can affect you, especially along the South Eastern Massachusetts and Rhode Island borders. Below are some common questions regarding Massachusetts auto accident law. Contact Mike for free right now to discuss your specific Massachusetts car accident. Insurance companies will often try to avoid fully disclosing your rights and providing fair compensation. We have compiled “Insurance’s 5 Best Kept Secrets” to help consumers.
After an MA car accident, must I timely complete a report to the DMV?
M.G.L. Chapter 90, Section 26 requires that the driver of a motor vehicle involved in a Mass. car accident involving death or with property damage exceeding $1,000.00 complete and file a Crash Operator Report within five (5) days. Our MA personal injury law firm does not advise you to complete this form without our counsel and in fact, we will assist in completing this form for you.
How much is my MA auto accident case worth?
The answer depends on various factors including who was at fault for the car accident and the types of damages incurred. For a more detailed answer, please reference “What is my case worth?”
What compensation may I recover following a Massachusetts car accident?
An at-fault party is liable to the injured party for medical treatment caused by the accident that is reasonably necessary to treat the injury as well as necessary future medical expenses that can be established with reasonable certainty. An injured party can also recover for lost earnings and earning capacity. Additionally, damages for pain and suffering can be recovered, subject to the statutory threshold discussed below.
What are PIP benefits?
Massachusetts is known as a “no fault state,” meaning that the Commonwealth has set up a statutory scheme for the recovery of certain damages after a MA auto accident regardless of who caused the car accident. The auto insurer for the vehicle in which you were riding at the time of the Massachusetts car accident must provide you with certain benefits known as Personal Injury Protection (“PIP”) benefits. Mass. Gen. Laws § 34A.
May I recover “pain and suffering” damages after a MA auto accident?
To recover for your “pain and suffering” damages following a MA car accident, the law requires that you incur reasonable and necessary medical expenses that exceed $2,000.00. This condition is not necessary if the injury results in death, loss of a bodily member, serious disfigurement, loss of sight or hearing, or fracture. M.G.L.A. 231 § 6D.
What if there is a dispute as to who is at fault?
Our team will investigate fault. Additionally, Massachusetts is a modified comparative fault state, meaning that even if you are partially at fault for causing the car accident, you may still recover some damages. A plaintiff whose fault is greater than 50% is barred from recovery. M.G.L.A. 231 § 85. Your total amount of damages will be reduced by the percentage that you are found at fault.
Who pays for my medical bills after a MA car accident?
Ultimately, the insurer for the party to be found at fault will be responsible for your gross medical expenses. While your claim is pending, MA no-fault law requires your auto insurer to pay any of your medical bills under $2,000 resulting from an auto accident. Bills that exceed $2,000 must be submitted to the insured’s medical insurance provider, and if rejected (or if not applicable), PIP medical expenses benefits are extended to $8,000. M.G.L.A. 90 §34M.
Who pays for my lost wages after a MA auto accident?
Ultimately, the insurer for the party to be found at fault will be responsible for your gross medical expenses. While your claim is pending, as part of every Massachusetts auto insurance policy, PIP benefits cap help recover 75% of lost wages if personal injuries resulting from an auto accident prevent you from working. M.G.L.A. 90 § 34M. We can help ensure that you receive PIP lost wage benefits and also ensure compensation for remaining lost wages incurred.
What are the minimum liability insurance policy limits in Massachusetts?
The minimum limits for bodily injury are $20,000/$40,000. The minimum property damage limit is $5,000. M.G.L.A. § 34A.
Who pays for the damage to my car after a MA car accident?
Ultimately, the insurer for the party to be found at fault will be responsible for paying for the damage to your vehicle. If you have not purchased collision coverage, then our MA personal injury law firm will ensure that the at fault party’s insurance company is responsible. Without a personal injury lawyer, the at fault insurers are notorious for delay.
Am I entitled to a rental vehicle after a MA car accident?
Ultimately, the insurer for the party to be found at fault will be responsible for paying for the damage to your vehicle. If you have purchased “rental insurance” on your own auto policy, then your company must set up a rental car for you immediately. If not, then you may need to advance this cost, until the at fault party’s insurer accepts responsibility for the car accident. Without a personal injury lawyer, the at fault insurers are notorious for delay.
What if the at fault party does not have insurance coverage?
Massachusetts law mandates that your own automobile liability insurer shall offer you uninsured motorist/underinsured motorist coverage (“UM/UIM”) in an amount equal to the insured’s bodily injury liability limits at least in the amount of $20,000 per person or $40,000 per accident. M.G.L.A. 175 §113L. UM/UIM coverage protects you and your occupants in situations where the at fault driver lacks bodily injury insurance or where your damages exceeds the other party’s limits. If this situation may apply to you, contact us right away to discuss this potentially complex situation in greater detail.
What is “stacking” and is it allowed in Massachusetts?
The term “stacking” when used with MA auto accidents refers to the situation where a personal injury client’s damages exceed the bodily injury coverage available. In this situation, Massachusetts does not allow stacking of UM/UIM coverage. M.G.L.A. 175 §113L. If this situation may apply to you, contact us right away to discuss this potentially complex situation in greater detail.
Can I obtain compensation for property damage?
Every Massachusetts liability auto insurance policy is required to cover property damage that the insured may become liable to pay. No-fault does not apply to property damage. M.G.L.A. 90 §34O.
How long do I have to file a claim for PIP benefits and for a Bodily Injury Claim?
A claim under PIP must be made “as soon as practical”, not to exceed two years after the accident. M.G.L.A. 90 §34M. For personal injury actions, the statute of limitations is three years. M.G.L.A. 260 §2A.