Massachusetts drivers are legally obligated to possess the minimum liability car insurance requirements that will serve as protection in case of a car accident: $20,000 for an individual injury or death, $40,000 for each additional injured individual, $5,000 property damage coverage, and $8,000 personal injury protection coverage (PIP). In addition, Massachusetts follows the no-fault rule with car accidents, meaning that it is up to your insurance company to pay for the costs of your auto accident. However, in the instances where the insurance coverage doesn’t provide enough to cover all damages, most people will file a car accident lawsuit in order to recover the rest.
In Massachusetts, the comparative fault rule applies to all car accident cases. The comparative fault rule indicates that while you can sue the other party for damages, you are liable for any part of the accident that you caused. For example, if you were hit by another driver but you were speeding, then you are partly responsible and will have to pay as well. Typically, your payment will come out of your final settlement amount. Furthermore, you can only file for damages if the other party was more than 50% responsible for the car accident.
Under Massachusetts law, that statute of limitations to file a personal injury or property damage lawsuit is three years. It’s important, however, to retain the services of an experienced car accident lawyer as soon as possible.