Understanding Personal Injury Protection Coverage in MA

Boston Area Attorney Len Spada of #SpadaLawGroup explains what Personal Injury Protection (PIP) auto insurance covers and when you may be able to sue the at-fault party for additional damages in Massachusetts.

TRANSCRIPT:

Who has car insurance in Massachusetts should have what's called personal injury protection benefits available to them. Massachusetts is called a no-fault state because regardless of fault, some benefits are available to anyone injured in a car accident. No matter who is at fault, you should be entitled under your own car insurance policy to recover for related medical expenses, lost wages, and replacement services up to a limit. If you have a private health insurance plan, such as Blue Cross, Blue Shield, Tufts, Harvard, et cetera, you would be entitled to collect $2,000 from your car insurance policy for related medical expenses. And you would be able to recover up to a maximum total benefit of $8,000 for loss-wages and replacement services.
If you do not have a private health insurance policy, your medical bills will be paid by your car insurance company, again, up to a maximum of $8,000. It's very important to note that the most you can ever recover under PIP benefits of your own car insurance is $8,000 in total, no matter how you combine them. For example, $2,000 in medical bills and another 6,000 for wages and replacement services. The purpose of the no-fault law in Massachusetts is to streamline the administration of car accident claims and to avoid lawsuits and expenses that are associated with some of the smaller accidents and injury cases.
The next critical question you should be asking us, where are you more than 50% at fault for the accident? If the answer is yes, then the PIP benefits are your only source of recovery. If you are not more than 50% at fault for the accident, then the next question is, did you incur $2,000 or more in reasonable and necessary medical expenses related to the car accident? There are some exceptions to this $2,000 threshold, such as if a death occurred in the accident, or there was a loss of a body part, or there was a permanent or serious disfigurement or somebody lost vision or hearing because of the accident, or if somebody suffered a fractured bone, which includes a tooth.
If none of these apply, then your benefits are again, limited to the PIP benefits only. If any of these conditions do apply, you can make a claim for all damages permissible under the law of Massachusetts, which includes your pain and suffering, loss of earning capacity, et cetera. The full extent of damages you may be entitled to should be discussed with an attorney to ensure that you recover all that you were entitled to.