A Century Of Legal Service

  1. Home
  2.  • 
  3. Personal Injury
  4.  • What to know about Massachusetts no-fault car accident law

What to know about Massachusetts no-fault car accident law

On Behalf of | Jun 12, 2023 | Personal Injury |

In Massachusetts, drivers must have Personal Injury Protection (PIP) coverage. This is part of their auto insurance policy. PIP coverage ensures that regardless of fault, each driver’s insurance company is responsible for covering their own medical expenses and related costs. 

Massachusetts’s minimum required PIP coverage is $8,000, although additional coverage options are available. Learn more about this coverage and why it is needed here

Serious injury threshold

Massachusetts has a “serious injury” threshold that allows individuals to step outside the no-fault system and file a personal injury lawsuit. If the injuries sustained in a car accident result in medical expenses exceeding $2,000 or cause permanent and serious disfigurement, loss of hearing or sight or other permanent impairment, the injured party can pursue legal action against the at-fault driver.

Modified comparative negligence rule

Massachusetts follows a modified comparative negligence rule when determining compensation in car accidents. This means that if you are found to be partially at fault for the accident, your compensation may be reduced. You may be barred from recovering any damages if you are determined to be more than 50% at fault.

Reporting the accident and seeking medical attention

Promptly reporting the accident to your insurance company is crucial under Massachusetts’ no-fault car accident law. Failure to report the accident within a reasonable timeframe may result in a denial of benefits. Additionally, seeking medical attention for injuries sustained is essential to document and address your medical needs, ensuring you receive the necessary compensation.

Statute of limitations

Massachusetts has a three-year statute of limitations for filing a personal injury lawsuit from a car accident. It is important to be aware of this timeframe and take appropriate legal action within the specified period to protect your rights and seek the compensation you deserve.

Understanding Massachusetts’ no-fault car accident law is crucial for drivers in the state. Knowing the legal requirements and your rights will help you protect yourself and your right to compensation after an accident.