If you or a loved one has been injured in a car accident in Massachusetts, you may be entitled to compensation for medical bills, lost income and pain and suffering. Our firm settles hundreds of car accidents every year in MA and we charge no fees until you receive a settlement or award. Call us toll-free 24/7 or contact us online for your free consultation with one of our experienced MA auto accident attorneys.
There are over 30,000 miles of interstates and highways in Massachusetts (i). Most recent MA Public Safety crash data indicates that more than 136,000 accidents occurred over the course of one year (ii).
If you have been involved in a Massachusetts auto accident, you need to file accident report paperwork with the Massachusetts Registry of Motor Vehicles. You should fill out the Motor Vehicle Crash Operator Report and mail or deliver one copy to the local police department in the city or town where your accident occurred, a second copy should be mailed to your insurance company, and a third copy should go to the Registry of Motor Vehicles. Once these copies have gone out, individuals should fill out a Request for Copy of Crash Report to obtain a copy of their crash report filed with the Registry of Motor Vehicles. To do so, individuals must print and mail the completed form to the Registry of Motor Vehicles address indicated, regardless of whether the document was completed by hand or on the computer.
Personal Injury Protection (PIP)
If you were injured in a vehicle registered in MA, PIP is available to you. This is what is commonly called “No-Fault” insurance; meaning even if the accident was your fault, you are able to obtain PIP benefits. PIP will pay you or anyone else injured in your automobile for medical bills, funeral expenses, and 75% of lost wages. The maximum payment is capped at $8,000 per person.
If you have secondary health insurance such as Blue Cross/Blue Shield for instance, the PIP insurance carrier is responsible for only the first $2,000 in medical bills, and your private health insurance carrier may pay for the rest. If they do not, PIP must pay the balance.
Medical Payments (Med Pay)
If you have this coverage, an additional $5,000 (or more) is available to pay for medical expenses for you or anyone injured in your automobile. Unlike PIP, this coverage is not mandatory.
Bodily Injury to Others
Every insured automobile in Massachusetts has a minimum coverage of 20/40, which means the insurance company will pay up to $20,000 to each injured person, but no more than $40,000 total for all people injured in an accident. Some automobiles have coverage with higher limits.
Only the insurance company for the person who is at fault pays under this coverage. This coverage will compensate an injured person for lost wages, medical expenses, pain and suffering, and mental anguish among other things.
In order to receive a settlement for pain and suffering under this coverage, you must have at least $2,000 in medical bills beforehand or have sustained a broken bone or a scar.
Some accidents are caused by drivers who have no insurance, or by the driver of a hit-and-run automobile. Both situations are considered “uninsured automobiles”.
If you are injured by an uninsured automobile, you can collect uninsured benefits from your own automobile policy. In some situations, you may also collect from the policies of automobiles owned by your household members (who are also blood relatives).
Your premiums will not increase if you collect benefits under this part of your policy.
Sometimes payments under Bodily Injury are not sufficient to compensate you for your losses. If so, your underinsured coverage on your policy will pay you additional monies for your losses.
You may collect underinsurance benefits from the automobile you were in during the accident. In some cases, additional underinsurance benefits are available from your own automobile, or automobiles owned by your household members.
If you are walking, or riding a bicycle, you are considered a pedestrian. As an injured pedestrian, your benefits can come from many sources.
In Massachusetts, you are entitled to PIP benefits from the automobile that hit you. If anyone in your household had Medical Payment Coverage, you may utilize it. Additionally, Bodily Injury benefits are available from the automobile that struck you. Finally, you may be able to collect from the underinsurance coverage of people in your household.
Contact the Law Offices of d’Oliveira & Associates
Call d’Oliveira & Associates today at 1-800-992-6878, or fill out a contact form for your free consultation.
- (i) Secretary of the Commonwealth of Massachusetts.
- (ii) Massachusetts Executive Office of Public Safety and Security.