Massachusetts Car Accident Lawyer

Who pays first after a car crash in Massachusetts?

Your own insurer usually pays first. Massachusetts is a no-fault state for injuries, so Personal Injury Protection on the policy that covers you handles early medical bills and lost pay before anyone decides who caused the crash.

PIP is worth up to $8,000 per person. It reaches the driver, household members and passengers, and it often covers a pedestrian struck by an insured car. If you also carry private health insurance, that plan may take over medical bills after the early portion of PIP is spent, which leaves more PIP money for wage loss. Optional medical payments coverage, if you bought it, can add another layer on top.

Because PIP pays regardless of fault, it is not where blame gets argued. That argument happens in a second claim against the at-fault driver, and that claim is where most of the value in a serious case sits.

When can you step outside no-fault and sue the other driver?

You can sue for pain and suffering once your reasonable medical expenses pass $2,000 or the crash caused a qualifying serious injury. Below that line, recovery stays inside the PIP system.

The serious-injury categories are a broken bone, permanent and serious disfigurement, loss of a body part, permanent loss of sight or hearing, or death. Bills for imaging, physical therapy and chiropractic care can count toward the $2,000 figure when they are reasonable and necessary. Insurers sometimes argue that treatment was excessive to keep a case under the threshold, so we gather records that explain why each visit was needed.

Once you are over the threshold, the liability claim can include:

• medical costs PIP did not pay,
• lost earnings beyond the PIP wage benefit, plus reduced future earning power,
• pain, emotional distress and lost enjoyment of daily life,
• vehicle damage and loss of use under the property damage coverage.

How does Massachusetts split fault at a rotary or intersection?

Fault is divided by percentage, and you keep your claim as long as your share is not greater than the combined share of the drivers you sue. Your award then drops by your own percentage.

Rotaries, unprotected left turns and short merges around Route 128, Route 9 and the approaches to the Cape Cod bridges create classic two-sided disputes. Drivers entering a rotary generally must yield to traffic already circling, and that rule often anchors the fault analysis.

Here is a worked example. A driver turning left fails to yield, but the oncoming driver was going well over the limit. A jury values the oncoming driver's losses at $120,000 and assigns that driver 30 percent of the fault. The recovery is $84,000. If the jury instead lands at 51 percent, the injury claim against the turning driver produces nothing, and only PIP benefits remain. That gap is why scene photos, signal timing and vehicle data matter so much.

What if the at-fault driver has little or no insurance?

Your own policy can fill the gap. Massachusetts requires uninsured motorist coverage, and underinsured coverage is available if you chose it when you bought your policy.

The state's compulsory bodily injury limits are low compared with the cost of a serious injury. When a careless driver carries only the minimum, we look at every other source: your underinsured coverage, policies in your household, an employer whose worker was driving on the job, and any business that served alcohol to a visibly intoxicated driver. Claims against your own insurer often go to arbitration under the policy terms rather than to court.

Rideshare crashes add another layer. When the driver was working for an app, the company's commercial coverage may apply depending on whether the app was on and whether a ride had been accepted. Our rideshare and taxi accident team sorts out which policy is primary. People struck while walking near T stations and crosswalks face similar coverage questions, covered on our pedestrian accident page.

What should you do in the first week after a Massachusetts crash?

Get treatment, file the required reports and open your PIP claim. Each step protects a different part of the case.

1. See a doctor promptly and follow every referral, because gaps in care give insurers room to dispute the threshold.
2. Submit a crash operator report to the RMV, the local police and your insurer within 5 days when anyone was hurt or damage tops $1,000.
3. Apply for PIP benefits and keep copies of every bill, pay stub and mileage note.
4. Ask nearby businesses and transit stops to save camera footage before it is recorded over.
5. Decline recorded statements to the other driver's insurer until you have advice.

Riders face different coverage rules, which we explain on our Massachusetts motorcycle accident page. For an overview of every claim type in the state, visit our Massachusetts injury guide. Our team offers a free case review, and you pay no fee unless we win.