Motor Vehicle Accident FAQs
In 2016, 399 people were killed by car accidents throughout the state of Massachusetts. Thousands were also injured in car accidents as well. These accidents included single vehicle accidents, multiple vehicle accidents, as well as accidents with pedestrians, bicycle riders and motorcycle riders.
A car accident is devastating and can have life altering consequences for everyone involved. Following a car accident, one can experience multiple legal battles, medical bills, and insurance disputes. In order to help you get a better understanding about the legal implications of a car accident below are some motor vehicle accident FAQ’s. The facts listed can provide you with a good introduction to what you need to know after an auto accident, this does not substitute for proper legal advice. At the Attorney Injury Group our experienced team offers a free no-obligation consultation to car accident victims. Contact us today using our online form of via phone at 617-934-7000 to learn how we can help.
Frequently Asked Questions
The following motor vehicle accident FAQ’s provide general information regarding car crashes in Massachusetts. Each case is different and it is important to always consult with an experienced legal team for proper advice following a serious car accident:
Who is responsible for paying the bills after a car accident?
The state of Massachusetts is a no fault state, meaning each driver is required to carry personal injury protection (PIP) coverage as well as auto insurance. PIP coverage will pay for medical bills, dental bills, lost wages, funeral expenses, and household services. There is a limit of $8,000 in PIP benefits. If you have PIP coverage you are able to receive these benefits regardless of who was at fault. If you are seeking additional damages for pain and suffering, you can only make a claim against the at fault party and get the coverage needed you will have to meet the tort threshold required under Massachusetts law.
What does the tort threshold mean?
The no fault laws prevent you from being able to make a claim against the at fault party for damages following an accident unless you meet the tort threshold. In order to meet the threshold, you had to suffer from a broken bone, an injury that caused scarring, any permanent eye damage or hearing damage, or have medical bills exceeding $2,000. Once this threshold is met you are able to make a personal injury claim or tort claim against the at fault party.
What must I prove to hold someone responsible for my car accident damages?
You must be able to prove that the opposing party was legally at fault for the accident, in order to recover any type of compensation for pain and suffering. You can do so by proving he or she was negligent and that this negligence led to injury. You can usually prove negligence by showing the other driver was breaking some safety law that ultimately caused the accident to occur. Like speeding, distracted driving, or not following proper safety signals. If you can show that these laws were broken and could have been prevented if the driver had been more careful then one can typically prove negligence was involved.
How can I prove fault?
It is important to collect as much evidence as possible including photos of the accident, police reports, witness statement, and any video from the scene of the accident. This way you can prove who was at fault. An accident reconstruction expert may also be able to help you prove fault. At the Attorney Injury Group, we will help explain to you what types of evidence needs to be collected and will help you collect this evidence in order to build your case.
Should I settle my claim?
A majority of the time auto insurers will try to settle a case soon after an accident occurs. They try and do so outside of court by offering a lump sum payment in order for you to release their client as well as them of liability for your injuries. Whether to settle or not will depend upon whether the settlement offer is fair and provides full or reasonable compensation for your injuries. Remember, some injuries do not show up until later on. Your Massachusetts auto accident attorney will help you to make that determination.
Do I really need a lawyer?
It is always a good idea to get help from an experienced car accident attorney following an accident. Following a car accident, one can be left with unanswered questions, medical bills piling up, and disputes with insurance companies. Let an experienced car accident lawyer help you to get your personal injury protection claim made on time and assist you in determining if you have a tort claim to make. Your attorney will be able to protect your legal rights, negotiate a settlement or represent you in court so you can get the maximum compensation available to you under the law.
To learn more about how a car accident lawyer can help you after you’ve been involved in a Massachusetts motor vehicle crash, call the Attorney Injury Group today at 617-934-7000.