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Understanding Car Insurance After a Massachusetts Car Accident

Navigating the complexities of car insurance after an car accident in Massachusetts, a no-fault insurance state, can be daunting. This article aims to demystify the process, focusing on how different types of insurance work in the event of an accident and what you need to know to secure appropriate compensation.

Disclaimer: This information is for general guidance. For specific advice, consult a Massachusetts car accident attorney.

What This Article Covers

  1. Bodily Injury Liability Coverage
  2. Personal Injury Protection (PIP) Insurance
  3. Uninsured/Underinsured Motorist Coverage

Bodily Injury Liability Coverage in Massachusetts

In Massachusetts, if you’re injured in a car accident, the at-fault driver’s Bodily Injury Liability coverage is responsible for your expenses. This includes medical expenses, medical bills, lost wages, and non-economic damages like pain and suffering. Massachusetts law requires that the minimum policy limits are 20/40 – $20,000 per person and $40,000 per accident.  Generally, the statute of limitations for car accident cases in Massachussets is three (3) years from the date of the accident.

Personal Injury Protection (PIP) Insurance

In Massachusetts, PIP insurance provides immediate financial support for medical costs and lost wages after a motor vehicle accident, regardless of fault. PIP coverage, or no-fault, generally provides up to $8,000 in benefits.  This car insurance coverage is provided by your car insurance, if its your vehicle, or the car insurance company that covers the vehicle you were traveling in at the time of the accident.  PIP benefits will cover the cost of your medical treatment, 75% of your average weekly wage if you’re unable to work due to accident-related injuries, as well as some services.

Why Isn’t the negligent driver’s Insurance Immediately Paying?

After a car crash, your personal injury lawyer will typically set up two claims: a PIP claim with your own insurance company and a Bodily Injury claim against the negligent driver’s liability insurance. The PIP claim addresses immediate expenses, while the Bodily Injury claim, which may take time, covers the totality of your damages.

Uninsured and Underinsured Motorist Coverage

This is additional coverage that protects you if the negligent driver lacks sufficient coverage. It’s part of your own policy.

  1. Uninsured Motorist Coverage: Applies when the at-fault driver has no insurance or in hit-and-run scenarios.
  2. Underinsured Motorist Coverage: Activates when the at-fault driver’s coverage is insufficient for your damages.

For example, if the negligent driver has a 20/40 bodily injury policy but your personal injury claim exceeds that coverage, your car accident lawyer may seek to bring an underinsurance claim to adequately compensate you, if your auto insurance policy is in excess of the bodily injury coverage.

Navigating Massachusetts Car Insurance Law

Understanding the intricacies of the Massachusetts car insurance system can be complex. For further information, the Commonwealth of Massachusetts provides additional resources.  If you’ve experienced a car accident in Massachusetts and are injured, seek medical treatment immediately.  If you’re able, obtain the insurance information of the other driver, report the accident to the police, and obtain any pictures of the accident scene and vehicle damage.  Additionally, its a good idea to consult with a Massachusetts car accident attorney for legal advice.  Don’t hesitate to reach out to Gavagan Law, LLC. Our team is dedicated to guiding you through the process of filing an auto insurance claim and pursuing the compensation you rightfully deserve.  Call or provide your contact information in our contact form and speak with us for a free consultation.

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