Personal Injury Protection in Massachusetts
Car accidents often result in serious injuries. With these injuries comes large medical bills and other damages such as lost wages. Having to pay these costs out of pocket could have the potential to wreak havoc on a victim’s personal finances. Luckily, personal injury protection (PIP) exists to financially help drivers and passengers immediately following an accident.
What Is Personal Injury Protection (PIP)?
PIP is also known as “no-fault insurance”. It covers damages sustained from an accident, such as medical bills, lost wages, and more. It does not matter who is at fault in the accident, hence the term “no-fault insurance”. PIP will cover accident-related expenses for you and any passengers, even if the accident was completely your fault.
How It Works
Many people find PIP confusing when they first learn about it, but it is actually pretty straightforward. After an accident, you will simply make a claim with your own insurance for any damages sustained. To do this you will first call your insurance carrier and notify them of the accident. They will then send you paperwork, in which you will describe the accident and all damages, including any relevant documentation such as medical bills and police reports. In Massachusetts, you have until up to two years after the accident to file a PIP claim. However, it is recommended that you file as soon as possible.
Examples of PIP
PIP can be used to cover a multitude of costs which may be incurred after a car accident. Examples include:
- Any and all medical expenses. This includes hospital bills, ambulance services, emergency surgery, follow-up surgery, prescriptions, X-rays, dental care, optical treatment, and chiropractic services.
- The cost of physical rehabilitation.
- Nursing care if needed due to an injury.
- Substitute services. For example if you or a passenger were injured to the point where you could no longer clean your home, PIP could be used to pay for a cleaning crew.
- Funeral expenses should someone in the accident suffer a fatal injury.
- Lost wages resulting from the inability to work due to an injury.
As you can see, PIP can be used to cover almost any cost associated with being injured in a car accident. It plays a vital part in ensuring that you and your passengers are financially protected in the event of an accident.
Does Massachusetts Require Personal Injury Protection?
Massachusetts law requires all drivers to have an auto insurance policy, and all of these policies are required to include personal injury protection. The amount of the personal injury protection must be a minimum of $8000 per person, though you can purchase a policy that offers more protection than this.
The goal behind the PIP requirement is to streamline the compensation process, allowing car accident victims to get the aid they need immediately following an accident. It is also believed that requiring PIP reduces the burden on the Massachusetts court system.
No-Fault System
The “No-Fault System” refers to the auto insurance system used in Massachusetts and various other states. Under this system, a person injured in an accident files a claim with their own insurance company to cover medical and other expenses, regardless of who caused the accident. In layman’s terms, this means that “fault” is not considered when determining who pays for injuries sustained in a crash. This results in accident victims not having to wait to receive funds to cover costs incurred from the accident. Due to this, it is believed by many that the no-fault system benefits drivers and makes the entire insurance claim process easier for them.
How Does PIP Impact Personal Injury Lawsuits?
PIP impacts personal injury lawsuits in numerous ways. This includes:
- Reducing Lawsuit Volume: Due to PIP covering basic medical costs and lost wages, many minor injuries from car accidents in Massachusetts do not require a personal injury lawsuit. This lowers the amount of cases overall, allowing the courts and lawyers to focus on personal injury lawsuits that really matter.
- Limiting Compensation Claims: Due to already receiving some compensation from their own PIP coverage, the potential damages an individual can claim in a lawsuit against the at-fault party may be reduced by the amount they received from PIP.
- Subrogation Rights: If a PIP insurer pays for an accident victim’s medical bills, they may have the right to recover a portion of that amount from any settlement reached with the at-fault party.
Even after receiving compensation from personal injury protection, it is always wise to consult with a personal injury attorney. You may be entitled to more compensation than PIP has covered, and a lawsuit may be the only way to make yourself completely whole after an accident.
Disclaimer
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