Justia Lawyer Rating for Matthew M. Foti
Avvo
ABA
AV Preeminent
American Association for Justice
BBB
Boston Bar
Massachusetts Bar Association

How Is Liability Determined in a Massachusetts Car Accident

There is a fairly high probability that at some time in your life you will be involved in a car crash. It's nothing big hopefully and it's something from which you can walk. However, this might also be a serious accident requiring considerable medical care. Regardless of the severity of the accident, somebody must always be held liable.

At times it is clear who the other fault is, and at times it's not at fault. State laws and insurance policies may vary. Liability must be determined to be compensated for injuries suffered in a car accident. The expert Boston car accident attorneys at the Law Office of Matthew M. Foti explain how liability is determined in a Massachusetts car accident.

How Is Fault Determined in Massachusetts?

Generally, the injured party typically has to establish the other party liable for the accident when a car claim is made successful. Even if the victims perceive this clearly, it can often be difficult to demonstrate it in court. 

Massachusetts is a no-fault state. This suggests that, whatever the fault, every driver will gain from certain benefits for his own insurance company. This doesn't imply though that it doesn't matter, it's quite important to determine if recovery from the other driver's insurance company is possible. You will have to submit a claim with your insurance company if the fault is with the other provider. Proof of that party's fault is necessary. An investigation must be carried out to determine the liability. The investigation is sometimes brief and timely. For example, the driver in a car with a red light was found to be in defect, and the accident was recorded on the video. But in other situations, the failure can be more difficult or controversial and requires a conversation with eyewitnesses, police review reports, reconstruction specialist’s recruitment, etc. 

Regardless of responsibility, your insurance carrier will have to pay for your injuries to your policy maximum in Massachusetts. State law still permits anyone to sue the liable party for non-monetary harm (such as pain and suffering) where the damages exceed the $2,000 threshold. If the investigation indicates that any driver has done something negligent or something that meets one of the requirements for "Fault Standards: Circumstances in which the fault of an operator should exceed 50 percent," the driver shall be liable for the accident. For example, the rear ending of another car, failing to signal, driving in the wrong direction, and collision while backing up are acts that might lead to the conclusion that a driver has been more than 50% fault.

How Negligent Drivers Are Held Liable?

The law in Massachusetts has developed the Safe driver insurance plan (SDIP) which provides for driver classifications and premium adjustments depending on the driving record of the insured. The SDIP aims at promoting safe driving by recompensing and penalizing irresponsible drivers. According to this approach, an at-fault accident is an extraordinary event.

The SDIP uses a 19-category classification method to assess the fault in a Massachusetts car crash. The presumptions usually correctly assign a fault; however, there are circumstances where presuppositions lead to an erroneous fault assessment, as is the case with any system which depends on categorical judgments. Drivers can challenge fault findings through an appeal mechanism in these circumstances.

What Will Insurance Not Cover?

Certain insurance coverage is obligatory and must be given in Massachusetts with every car insurance policy. Further coverage is optional and additional coverage can be purchased. One of the compulsory covers that must be sold on each vehicle insurance policy is no-fault or PIP benefits.

PIP benefits pay up to $8,000 for medical costs for injury and loss of wages of 75 percent for injuries suffered in a car accident. Where the injured person loses time on his or her job with a doctor's note to keep them out of work due to injuries in connection with the car crash, he or she may get PIP wage benefits as long as the $8,000 PIP is not fully used.

For the most part, PIP pays for the first $2000 in medical care and then submits bills to the health insurance company of the person. If a deductible in the policy of insurance does not cover all of the costs, then the portions that are not paid of the bill might be sent to PIP for this portion as well as for $8,000.

Uninsured Insurance Coverage

Concerning the coverage of bodily injury liability and damaged property (both of which are to protect other drivers in the event of a collision), the Massachusetts car insurance law provides for all drivers to cover at least $20,000 per person/$40,000 per incidence with the minimum uninsured motor cover. In case of one or more faulty parties having not taken vehicle insurance, this plan is intended to offer cover. Although Massachusetts is not a state that needs to be covered by an underinsured motorist (which covers you in a collision with a driver who has insurance not enough to pay for all damage), a large number of motorists are covered by that. Therefore, your own insurance company may be one of your greatest options to collect monetary compensation after an auto crash.

Paying for Property Damage

For the car repairs, you will be paid for the car repair from the insurance policy of the at-fault party. If you did not get collision coverage, we can assist in making sure that the insurance company of the liable party is held accountable. Fault insurers are popular for their late payment without a personal injury lawyer.

Hire a Massachusetts Car Accident Attorney to Determine Liability

Many persons who have been injured in car crashes are frightened and puzzled. If they are liable for a car accident or can deal with the claim alone, they may not comprehend their rights under the law.

Our Boston car accident attorneys at the Law Office of Matthew M. Foti can work for you to safeguard your rights, fight for the money you deserve, and make a liable party responsible for negligence.

Client Reviews
★★★★★
"I really like his professionalism he is very details oriented and clear he makes my case very smooth and stress-free. I like the fact that he is flexible I can contact him anytime with any questions. He is a great listener. Thank you so much for all you’ve done. I will definitely recommend him his amazing. God blessed you." Richecardine
★★★★★
"Matt took good care of me and guided me throughout the process. He's very acknowledgeable and is quick with an answer whenever I had questions. I highly recommend Matt to represent your case because he gets the job done!" Malori
★★★★★
"Mr. Foti was a pleasure to work with. He handled my case with ease and kept me informed along the way. He is extremely professional and made me feel confident in his abilities. Will definitely be reaching out to Foti Law should I have another issue in the future! Thanks again!!" Sharon
★★★★★
"Matt was very professional. Any time I had any questions he was upfront and honest with his answers. I highly recommend him." Ken
★★★★★
"I highly recommend him. He such an amazing professional lawyer." Selena