Here in Massachusetts we have what is known as no fault insurance for motor vehicles and drivers are required to carry certain types of auto insurance with at least minimum amounts of coverage set by law.
If an insured driver with no fault insurance is involved in an auto accident and suffers injury, he or she files a claim with his or her own insurance company. Generally, in a motor vehicle accident, the injured party has the right to collect personal injury protection benefits (P.I.P. Benefits) under no fault insurance. Depending upon the situation of each claim, meaning which auto insurance carrier would pay these personal injury protection benefits, an injured party would have the right to collect $8,000.00 of benefits. Depending upon each circumstance, a person generally would have the right to collect for medical bills, lost wages and certain reimbursement for expenditures.
Typically, drivers with no-fault insurance cannot take another driver to court for costs associated with the crash, unless certain conditions are met. In Massachusetts, the thresholds that allow drivers to circumvent the no-fault insurance system and hold another driver liable for an automobile accident are $2,000 or more in medical expenses and/or injuries resulting from the accident that include permanent and serious disfigurement, fractured bone, or substantial loss of hearing or sight.
As each case involving no fault insurance may vary, it is important to pursue these personal injury protection benefits through an attorney who has expertise and experience in personal injury claims.