Car accidents are unfortunately very common in the United States — over 2 million people are injured in one each year. These accidents also pose a threat to Massachusetts residents. While you will hopefully never be involved in a crash, it can be helpful to understand the process involved with car accident settlements to be prepared.
The No-Fault System
Massachusetts applies a no-fault system to insurance claims and car accidents. This system requires victims to pursue compensation for personal injury through their own insurance companies. Only after exhausting personal insurance options may a victim pursue compensation from the other driver or insurance company.
Lawsuits are not typically allowed unless you have incurred serious injury or extensive medical debt, which is considered to be over $2,000. When allowed, they must be filed within three years of the day of your accident to receive compensation.
If your claim is denied by the insurance company that covers your vehicle, you may appeal it. You can also file a complaint against your insurer if you cannot come to a satisfactory resolution. You will need to contact the Massachusetts Division of Insurance for assistance.
Car Accident Settlement Payouts
Massachusetts car accident injury victims may be compensated for tangible or intangible damages. These are known as economic and noneconomic damages, respectively. Medical expenses, physical pain, loss of companionship and repairs are just a few examples of covered damages.
Massachusetts also uses a modified comparative negligence standard. A victim found to be partially at fault for an accident must be responsible for 50 percent or less to receive any compensation.
Car Insurance Requirements in Massachusetts
There are four types of required vehicle insurance coverages in Massachusetts with specified limits. They are as follows:
- Bodily injury ($20,000 per person/$40,000 per accident)
- Damage to another’s property ($5,000 per accident)
- Personal injury protection ($8,000 per person/$8,000 per accident)
- Injury to body from an uninsured vehicle ($20,000 per person/$40,000 per accident)
- Personal injury protection ($8,000 per person/$8,000 per accident)
Additional coverage is also available. However, drivers must meet the minimums laid out above or risk losing their licenses or facing other penalties. It’s important to understand that insurance companies will not pay more than these amounts in the event of an accident.
Contact a Car Accident Settlements Attorney
It can be hard to navigate the settlement process on your own. It helps to have a knowledgeable attorney on your side. Contact us at Mazow | McCullough, PC for help with every aspect of your car accident and related injuries. We are ready to learn about your case and legal concerns.
