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In Boston, Massachusetts, the car accident law operates under a no-fault system. This means that regardless of who is at fault in a car accident, your own insurance company is responsible for compensating your loss of medical expenses and property damages, save for circumstances where serious injuries are involved. However, if the damages exceed the mandatory coverage limit set by the state's insurance regulation, you may have grounds to file a lawsuit against the at-fault party.
Engaging a lawyer following a car accident is advised for several reasons. If you've sustained serious injuries, facing expensive medical treatment or have taken a significant time off from work, a lawyer can help you understand your rights and guide you in seeking appropriate compensation. In cases where the fault is disputed or your insurance claim gets denied, a lawyer's expertise could be pivotal in establishing your case and negotiating with insurance companies on your behalf.
Many local laws in Boston are particularly relevant to car accidents. Firstly, Massachusetts’ no-fault insurance law requires every driver to carry Personal Injury Protection (PIP). PIP covers your medical expenses and lost wages up to $8,000, irrespective of who was at fault. Secondly, Boston follows a comparative fault rule, which may reduce your compensation if you’re found partly at fault for the accident. Lastly, state laws enforce strict timelines, known as the statutes of limitation, for filing a lawsuit post a car accident. In Massachusetts, you generally have three years from the date of the accident to file a personal injury or property damage lawsuit.
Under the no-fault system, your own insurance company would generally pay for your medical bills and other out-of-pocket losses, regardless of who caused the accident. For serious injuries or damages exceeding the PIP limit, you may seek compensation from the at-fault driver’s insurance policy.
Boston follows the comparative fault rule, which means if you’re found partially at fault, your compensation may be reduced by your percentage of fault. However, as long as your share of fault is not more than 50%, you can still recover damages from the other at-fault party.
In most cases, you would only file a claim with your insurance company. But in certain situations where serious injuries are sustained or expenses exceed PIP limits, Massachusetts law allows you to file a lawsuit against the at-fault driver.
You typically have three years from the date of the car accident to file a personal injury or property damage lawsuit in Massachusetts.
Even in minor accidents, it could be beneficial to consult a lawyer to ensure you understand all your rights and potential areas of liability. It is crucial, especially if there could be long-term medical consequences or disputes with the insurance claims.
For additional help, you can consult the Massachusetts Bar Association Lawyer Referral Service or organizations like the Massachusetts Office of Consumer Affairs and Business Regulation. The Massachusetts Department of Transportation also provides resources on road safety and driving laws.
If you've been in a car accident in Boston, first seek medical treatment if you're injured. Document the accident and report to it to your insurance company promptly. If your situation is complex or disputes arise, consult a lawyer experienced in Boston’s car accident laws. Remember, the time limit to file a lawsuit is typically three years, thus it is encouraged to start the legal procedures as early as possible.
