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Since Massachusetts is a no-fault state, how can I sue after an accident?

 

A:

It is difficult to sue in a no-fault state such as Massachusetts. Here, the laws restrict your ability to sue the other driver for your car accident, even if they were obviously at fault. 

No-fault insurance laws mean your own insurance company is liable for paying your medical bills and damages under Personal Injury Protection (PIP) coverage.  Since Massachusetts is a no-fault state, all Massachusetts drivers are required to have PIP coverage on their auto insurance policy.

How much does PIP cover?

Your Massachusetts PIP insurance covers up to the first $2,000 in medical expenses and up to $8,000 minimum per person for related damages, such as 75% of lost wages and payment for professional services needed after the Massachusetts car accident (professional nursing, in-home assistance). If you have no personal health insurance, you may be covered up to $8,000 in medical expenses.

What if my injuries cost more than $2,000 or are more severe?

Though it's hard to sue in a no-fault state, you still have options if your Massachusetts car accident resulted in severe injuries that caused:

 

• Disfigurement
• Disability
• Death
• Medical bills that exceeded the $2,000 allowed by your PIP insurance

 

If any of these circumstances apply to your accident, you may be able to sue the other driver for your damages. Even in a no-fault state, the law recognizes there are exceptions that require compensation for an accident victim above what PIP coverage allows.

An experienced Massachusetts personal injury attorney will look at the evidence in your case and help you determine if filing a Massachusetts personal injury lawsuit is your best option. 

Contacting a Massachusetts Personal Injury Attorney

Filing a lawsuit against another driver in a no-fault state like Massachusetts is tricky. Having the power of a trustworthy Massachusetts personal injury attorney can make the process faster and less hassle so you can concentrate on recovery. Contact the Massachusetts Personal Injury Attorneys at Phillips & Garcia  to schedule your FREE legal consultation today - 1-877-892-5620.

As a service to the SouthCoast community and Massachusetts in general, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur in Massachusetts and can result in serious injuries and/or fatalities.

Common accidents include, but are not limited to:

-- single-car accidents;
-- accidents due to hazardous road conditions; and
-- accidents caused by distracted drivers.

If you have been named in this blog or you are the victim's family member or friend and would like the blog removed from our website, please feel free to contact us and we will promptly accomodate your request.

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