Car Accident Compensation Options in Massachusetts

Massachusetts operates under a no-fault insurance system, which means the first layer of compensation after a car accident comes from your own insurance policy regardless of who caused the crash. But no-fault coverage has limits, and in serious injury cases, injured drivers have the right to step outside that system and pursue full compensation from the at-fault party.

KBD Attorneys handles car accident cases in Massachusetts and helps injured people understand what they are entitled to under state law.

Personal Injury Protection: The Starting Point

Under Massachusetts law, every driver is required to carry Personal Injury Protection coverage, commonly called PIP. Under M.G.L. c. 90 § 34M, PIP pays up to $8,000 for medical expenses and a portion of lost wages regardless of fault. This coverage applies to the policyholder, household members, and passengers in the vehicle at the time of the crash.

PIP pays out first. Health insurance typically picks up costs beyond the PIP limit, though the interaction between PIP and private health coverage depends on the specific plan.

When You Can Step Outside the No-Fault System

Massachusetts allows injured drivers to bring a claim against the at-fault party when certain thresholds are met. There are two ways to satisfy the tort threshold:

• Dollar threshold: Medical expenses exceed $2,000
• Injury threshold: The victim suffered a bone fracture, substantial disfigurement, loss of a body part, loss of sight or hearing, or a similar serious injury

Once the threshold is met, the injured person can pursue the at-fault driver’s bodily injury liability coverage for the full range of damages, including pain and suffering, emotional distress, and losses that PIP does not cover.

Bodily Injury Liability Coverage

Massachusetts requires drivers to carry minimum bodily injury liability limits of $20,000 per person and $40,000 per accident. These limits are often inadequate in serious crash cases. If the at-fault driver’s policy limits are insufficient to cover your losses, your own underinsured motorist coverage becomes relevant.

Uninsured and Underinsured Motorist Coverage

Massachusetts requires insurers to offer uninsured motorist coverage, though drivers can waive it. If you are hit by an uninsured driver or one whose coverage falls short of your actual damages, your own UM or UIM policy may provide additional recovery. Understanding what your own policy covers is an important step after any serious accident.

What Damages You Can Pursue Beyond PIP

Once the tort threshold is crossed, damages available in a Massachusetts car accident claim include:

• All past and future medical expenses beyond PIP
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Massachusetts has a three-year statute of limitations for personal injury claims from the date of the accident. If you were seriously injured in a Boston area crash, speaking with a Boston car accident lawyer at KBD Attorneys gives you a clear picture of what your claim may be worth and how to pursue it. The firm offers consultations for injured people navigating the aftermath of a serious collision.