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Understanding Massachusetts No-Fault Law (Part A)

If you or a loved one has been seriously injured in a Massachusetts car accident, know that you are not alone. You may be entitled to seek legal recourse to cover the damages that you have experienced. However, as you seek restitution, is important to be familiar with Massachusetts No-Fault laws, as these factor heavily into any personal injury claim.

What it Means to be a No-Fault State

You should first be aware that Massachusetts is a no-fault state. This means, under automobile insurance laws, you are not burdened with proving your innocence or another driver's guilt in the event of a crash. In exchange, neither driver can pursue a Massachusetts personal injury lawsuit to recover damages for minor injuries, inconveniences, or simply for emotional distress.

In Massachusetts' no-fault legal system, there are certain claims that can be filed regardless of guilt. You can usually handle this yourself without legal representation. These claims are laid out in the Personal Injury Protection (PIP) section of your auto insurance and are as follows.

• Medical Bill claims under $2,000
• Wage Loss claims
• Minor car repairs (handled through your auto insurer)

Note that medical claims are covered only up to $2,000. This is because Massachusetts is a monetary threshold state, meaning eligibility for a personal injury claim is based on the crossing of a certain monetary threshold. If your medical bills exceed $2,000 or you have suffered broken bones or permanent disfigurement because of a Massachusetts car accident, you are eligible to make a personal injury claim or bodily injury claim against the driver at fault. In such cases legal representation is necessary.

The Massachusetts personal injury attorneys at Phillips & Garcia can answer your questions about Massachusetts No-Fault laws and help you to determine if your car accident damages qualify you for a personal injury claim.

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