Is Massachusetts a No-Fault State for Car Accidents

The aftermath of a car accident leads to stress and anxiety about health, finances, and the future.

Many accident victims suffer from chronic pain that affects their quality of life and ability to work. Not only that, high medical costs, legal complexities, emotional pain, financial pressure, and many more challenges make it difficult for the victims and their families to cope with.

However, if you live in a no-fault state, you can be relieved from the burden caused by the accident, and with the help of professional legal help, you can get the compensation you are entitled to.

But, most victims have this question is Massachusetts a no-fault state for car accidents or not?

Well, yes, it is.

Before we proceed, let’s know what a no-fault system is.

What is the No-Fault System in MA?

MA is one of the twelve no-fault states. The law regarding the no-fault system states that the insurance providers pay the medical expenses and other injury-related expenses caused by accident, no matter whose fault it was.

While there are many coverages available as per the state law, there are only 4 types of insurance that a Massachusetts driver must have:

• Insurance for injuries you cause to others
• Insurance for damage to someone’s property caused by you
• Personal injury protection (PIP) insurance, also called no-fault insurance
• Insurance in case you’re hit by an uninsured driver

What is PIP Coverage?

Personal Injury Protection (PIP) coverage is the type of coverage that is mandatory for drivers in Massachusetts.

If you are in an accident, the coverage pays for medical bills and injuries up to $8000. It is important to remember that this no-fault coverage only covers personal injuries. If there is property damage, like damage to your car, then the insurance of the person who caused the car accident pays for it. 

If you find a challenge in navigating through a PIP claim, then the car accident lawyers can help you understand the specifics of the coverage, thus helping in get the benefits you rightfully deserve. 

In MA’s No-Fault System – When Can You Sue?

As we have looked into what PIP covers, there are some instances that are not covered. Before you proceed to file a lawsuit, it is important to know what is not covered in PIP:

• A broken or fractured bone
• Permanent and serious disfigurement
• Permanent hearing loss
• Permanent eye damage or loss of vision
• Amputation of a limb
• Death – family members of wrongful death victims can also seek damages from the driver responsible.

In Massachusetts, you get three years to file a lawsuit for injuries or property damages from the time of the accident. However, to increase the chances of getting the compensation you are entitled to, you should file your lawsuit immediately with the help of a reputable attorney in Massachusetts after the accident.

How Can You Prove Fault in a Massachusetts Car Accident Lawsuit?

If you want to pursue compensation beyond your PIP benefits, then you can look for the following evidence:

Police Reports

First of all, filing a police report is necessary. When the police reach the accident scene, they write down the details of what happened and observations about the scene and take statements from the drivers and witnesses. Many a time, they might also say who they think caused the accident.

Physical Evidence

Physical evidence from the accident scene, like damage to the cars and the condition of the road, can also help in determining how the accident happened. 

Skid marks show how fast the car was going and what the drivers did before the crash. Ultimately, it can help in proving whose fault it was.

Witness Statements

Witnesses to the accident—other drivers, pedestrians, or passengers — can give an unbiased, detailed account of the accident. Their statements can support your story and prove fault in the Massachusetts car accident lawsuit.

Visual Evidence

Pictures and videos from the accident can be very helpful in lawsuits. They can show the conditions, vehicles’ locations, traffic signals, and any obstacles or signs. You might also be able to get surveillance footage from nearby businesses or places, which can give important details about the crash.

If you have dashcam footage, it can help show what happened during the accident. 

Medical Records

Medical records may not show who caused the accident, but they can help show the level of serious injuries acquired in the accident, thus strongly stating the need for compensation.

Traffic Laws 

Being familiar with Massachusetts’s traffic rules and regulations can be a significant step in proving who is at fault in a car accident. If, for instance, the driver broke a traffic law, it can show that they were negligent.

Cell Phone Records

Cell phone records can be used to prove who’s at fault if distracted driving is suspected. Records such as texting or calling during the time of the accident can show that the other driver was not paying full attention to the road, thus supporting claims of negligence.

Conclusion

Knowing Massachusetts’ no-fault system and PIP coverage is essential for navigating car accident claims. As PIP covers personal injuries up to $8000, serious injuries or property damage may require further legal action. So, evidence like police reports, awareness about traffic laws, and many more can help in navigating the car accident lawsuit, and with the help of a professional lawyer, you can get the benefits that you are entitled to.

If you are looking for professional car accident lawyers with expertise and experience, then don’t hesitate to reach out to us at Swartz & Swartz, P.C.

Our experienced team of lawyers is here to help you understand your rights and pursue the compensation you deserve. Contact us today to schedule a consultation, and let us guide you through your journey.