Getting into an accident in a no-fault state like Massachusetts may leave you with a lot of questions about who will pay for damages. Who will be held accountable? What happens if you get into a car accident and you live in a no-fault state? Do you need to hire a Fall River car accident lawyer to maximize your compensation?
What Does No-Fault Mean?
The term no-fault can be confusing for a lot of people. However, no-fault doesn’t mean that someone won’t be held liable or that you can’t consult a car accident lawyer in Fall River, MA. Massachusetts has what is known as Personal Injury Protection (PIP). Many states require car owners to purchase PIP and it’s designed in a way that you can receive quick compensation regardless of who was at fault in the car accident. PIP was invented with the goal of reducing the number of car accident lawsuits.
PIP covers:
- Medical Expenses. Your PIP policy can cover up to $8000 of your medical costs provided that you receive treatment from a licensed doctor. $8000 is the minimum amount of PIP that you can buy.
- Lost wages. Your PIP policy can cover up to 75% of your lost wages. However, the amount you can recover is limited to the $8000 cap.
- Death benefits. If a loved one succumbed to car accident injuries, your PIP policy might cover up to $5, 000 in funeral expenses.
Your PIP policy will not cover damages such as pain and suffering. Your insurer has 30 days to either accept or deny your car accident claim as soon as you file for one. If they deny your claim, they should provide you with a written explanation. You can always appeal their decision with the help of a qualified car accident lawyer in Fall River, MA.
If you use your car for business or your car is designed for off-road use, then you are excluded from no-fault coverage.
What are the Pros and Cons of No-Fault Insurance?
No-fault insurance means that you will have to deal with your insurer. You don’t have to prove fault and you might not have to file a car accident lawsuit to collect compensation. And because liability doesn’t need to be proved, damages are paid out in a more timely manner.
One of the biggest cons of no-fault coverage is that your premiums might increase when you file a claim. Additionally, you can’t file a personal injury lawsuit against the at-fault driver unless your injuries are permanent. You also cannot be compensated for pain and suffering.
Another con is that no-fault states charge higher insurance premiums than states without the no-fault system. The good news is that they pay more for medical services than the other states.
Unfortunately, states with the no-fault system m also experience a much higher number of fraudulent claims.
What Happens When You Get Into a Car Accident in Fall River, MA?
If you are at fault in a car accident in Fall River and you suffer an injury, your PIP policy will cover your injuries. If your expenses exceed your policy limit, you can make a third-party claim against the at-fault driver’s insurer. Additionally, if your injuries are permanent or severe, you can also file a personal injury lawsuit against them.
Massachusetts also has what’s known as contributory negligence which applies when filing personal injury lawsuits. This means that you can recover provided your negligence is not greater than that of the other party involved in the accident.
Why Did My Insurer Deny My Car Accident Claim?
Your insurer might deny your car accident claim for a number of reasons and some of them include:
- You received unreasonable medical treatment
- Your medical treatment wasn’t approved by a licensed physician, hospital, or dentist
- You filed your claim past the deadline
- You didn’t get medical treatment within the time frame stipulated in your policy contract
- Your injuries were caused by a pre-existing condition
- Your injuries were not due to the car accident
- Your policy had expired
- You are asking for damages not covered by your policy
- The accident happened while you were committing a felony
- You caused the accident on purpose
The above is not an exhaustive list of the reasons why your insurer might deny your car accident claim. They can look for even the smallest of reasons to withhold payment.
Do You Need a Fall River Car Accident Lawyer to File a Car Accident Claim?
In most situations, you do not need a car accident lawyer in Fall River to help you file a claim. However, you have nothing to lose by consulting one since there is no charge for an initial consultation. However, if your insurer denied your claim, your injuries are permanent or severe or your case is complicated, then you may want to get a free case evaluation from a qualified car accident lawyer. Contact us today at 508-676-0001 to schedule your free consultation.
