Massachusetts Car Accident: Identifying Fault and Liability

Car Accident | February 25, 2022

After getting into a car accident, you will need to navigate the insurance system in your state to recover financial compensation for your hospital bills and vehicle repairs. There are two main factions of insurance law: fault and no-fault. Fault is the most common, with 38 states following a fault-based or tort insurance rule. Massachusetts, however, is in the minority as a no-fault state.

What Is Massachusetts’ No-Fault Law?

To operate a motor vehicle in Massachusetts, a driver must have adequate car insurance. All drivers are required to carry personal injury protection (PIP) automobile insurance in the Commonwealth. After an auto accident, an injured driver will seek financial benefits from his or her own PIP insurance, regardless of fault for the collision. This PIP insurance will pay for the driver’s medical costs, up to 75 percent of lost income and replacement services, up to the policy’s maximum limit.

PIP insurance will also pay for any injured passengers in the driver’s vehicle, as well as injured pedestrians. The no-fault rule does not apply to property damage, however. If a car accident involves any property damage, fault for the collision must be determined to find out which insurance company is responsible for repairs or vehicle replacement. Fault will be determined by examining evidence from the scene of the accident, as well as looking at police reports and eyewitness statements.

Do You Have to Prove Fault to Qualify for Compensation?

A driver does not have to prove fault to qualify for first-party PIP insurance coverage. The driver’s claim will be accepted by the insurance company without proof of fault, in most cases, and the first-party claim will result in a fast payout for the driver. The tradeoff of the no-fault system is that the driver will receive less money than would most likely be available with a third-party insurance claim against the at-fault driver.

In states that use a fault-based insurance law, injured car accident victims must determine fault before they can file insurance claims. All involved parties will file claims with the insurer of the at-fault party (a third-party claim). Drivers in these states are required to carry liability automobile insurance to pay for the losses of others. Before a third-party claim will be accepted, the filing party must prove that the policyholder is at least 50 percent at fault for the car accident.

Massachusetts’ Serious Injury Threshold

In Massachusetts, it is possible to file a third-party claim against another driver’s insurance company in limited situations. Massachusetts has what is known as a tort or serious injury threshold. If the injuries suffered in a car accident meet this threshold, the victim can file outside of the no-fault system. Currently, this threshold is:

  • $2,000 or more in reasonably necessary medical expenses
  • Injuries that cause permanent and serious scarring or disfigurement
  • Broken or fractured bones
  • A substantial loss of hearing or sight

A third-party claim could result in greater financial compensation for your car accident losses. You may be eligible for pain and suffering damages, for example, with a liability claim. If you have serious injuries and you know the other driver is at fault, filing a third-party claim is typically in your best interests. You should discuss your case with a car accident lawyer in Lowell, however, before proceeding with either type of claim.

What if Both Parties Share Fault?

If you and the other driver both share fault for the car accident, this could reduce the amount of financial compensation that you can recover from an insurance company. Massachusetts uses a modified comparative negligence law, meaning that a plaintiff can be found partially responsible for an accident and still recover compensation. The award will be reduced by his or her percentage of fault, up to 51 percent. If your fault exceeds 51 percent, you will not have grounds to hold the other driver responsible at all.

For more information about Massachusetts’ no-fault law and comparative negligence doctrine, contact an attorney at Merrimack Valley Injury Lawyers.