The state of Massachusetts manages auto accident cases based on a no-fault system. It requires all drivers to maintain insurance and fulfill their financial responsibilities. This requires them to file a claim for damages through their own insurance carrier to provide funding for medical and auto repair expenses. There are only a few exceptions to this ruling.
When Can You File A Lawsuit
Under Massachusetts laws, an accident victim can only file a lawsuit related to a car accident if their medical requirements exceed $2,000. An alternative to this ruling must indicate a severe injury that caused a disfigurement, broken bones, or the loss of at least one of their five senses. The case must identify at least one of these exceptions or the victim cannot file a lawsuit. If you need further assessments for your claim, contact Car Accidents Attorney in Northampton MA now.
What are the Insurance Requirements?
All drivers must maintain coverage that equates to $20,000 in coverage for the first victim’s injuries with a maximum of $40,000 to cover additional passengers who were injured. They must have at least $5,000 in property damage coverage. And, lastly, all policies must reflect $8,000 in personal injury protection. Any accident victim who isn’t compliant with these requirements could be held liable and will incur fines for this violation.
Reviewing Comparative Fault
When a driver is eligible to file a lawsuit, the court reviews the possibility of comparative fault. This indicates that the victim’s actions may have led to their own injuries. A percentage is assigned in these cases based on any traffic violations committed by both parties. As an illustration, if the victim was speeding at the time of the accident, a percentage of their potential award is deducted based on comparative fault. If both parties were equally at fault, an award is not likely.
Accident victims must discover the laws that apply to their circumstances. This prepares them better for presenting understanding their role in their accident. It is advisable for victims who meet the eligibility requirements to consult an attorney as quickly as possible. If you need to speak to Car Accidents Attorney in Northampton MA, contact Daniel and Fontaine LLC today.
