Nothing is worse than getting involved in a car accident. Being a busy city in Massachusetts, car crashes happen regularly in Boston, and people often have no clue how to recover a settlement. No matter the circumstances, you need to consider all options, including the option to recover compensation from the at-fault driver, depending on the circumstances. A seasoned Boston personal injury lawyer can help you with that. In this post, we are sharing more about state laws.
Massachusetts is a no-fault state
This essentially means that after a car accident in Boston or anywhere in Massachusetts, the injured driver should file a claim with their insurer, regardless of who caused the crash. If your car accident injuries meet the thresholds set by state laws, you can step out of the no-fault system and file a lawsuit against the driver who caused the mishap. Massachusetts’ no-fault car insurance system may seem complicated on paper, which is precisely why hiring an attorney becomes more necessary. You may sue the other party if you have incurred $2,000 or more in medical expenses related to the accident or have suffered permanent injuries, disfigurement, and other serious injuries.
Massachusetts is a modified comparative fault state
This is a modified comparative fault state, which means even when you have a valid lawsuit against the other driver, you can only sue them based on your fault share. If you are more than 50% to blame for the mishap, you cannot recover anything, no matter the losses you have endured. When your fault share is 50% or less, you can recover compensation, but it would be adjusted in proportion to your fault share. It is absolutely important that you defend your case effectively, considering that the other party is unlikely to accept blame. To add to the mix, insurance companies will only try to deny your claim or reduce the settlement.
Reporting a car accident
You must file a report with the Registry of Motor Vehicles within five days of the crash if the accident resulted in property damage worth $1,000 or more or when someone was killed or injured in the accident. You are also required to send a copy to the local police where the mishap happened.
Have questions? Not sure if you have a valid case? Contact an injury lawyer in Boston now and get a free evaluation of your case to understand more.