Just because you were not wearing a seatbelt doesn’t mean you shouldn’t file for a car accident claim. However, not wearing one might reduce the amount of compensation you receive. Hiring a Fall River car accident lawyer near you might help you get the maximum amount of compensation possible.
The good news is that Massachusetts is a no-fault state. This means that your insurer is responsible for paying for any damages and injuries incurred during the accident regardless of who was at fault. You can seek compensation for expenses such as:
- Lost wages
- Medical expenses and
- Household services.
However, according to the law in Massachusetts, the maximum amount you can recover is $8000. Out of that $8000, PIP covers up to a maximum of $2000 in medical expenses. The cover cannot compensate you for pain and suffering. You can pursue a claim if:
- Your medical expenses are more than $2000
- You suffered a fractured bone, significant scarring, and disfigurement and
- Loss of sight or hearing
If you meet any of the above conditions, a Fall River car accident attorney can help you pursue a personal injury claim against the at-fault driver.
What are the Minimum Car Insurance Coverage Requirements in Fall River, MA?
The other driver might not have enough insurance coverage or any coverage at all. This can affect how much you can collect from them. For instance, if they do not have any coverage and they are not financially stable, you might not recover compensation from them.
A car insurance policy is made up of different types of coverages but in Massachusetts, you are only required to carry four and they include:
- Damage to someone else’s property
- Bodily injury by an uninsured car
- Personal Injury Protection (PIP)
- Bodily injury to others
Collision and comprehensive coverages are optional. The four compulsory coverages mentioned have a limit and insurance companies won’t pay above that limit. It’s advisable to buy coverage that goes above the minimum requirements. Below is a breakdown of the limits of each coverage.
- Damage to someone else’s property- $5, 000 per accident
- Bodily damage caused by an uninsured car – $40, 000 per accident and $20, 000 per person
- PIP- $8, 000 per person per accident
- Bodily injury to others- $40, 000 per accident and $20, 000 per person
For you to register and drive a car in Fall River, MA, you need to buy the four-car coverages and limits mentioned above and your policy must list all licensed drivers who live with you and are related to you. This doesn’t matter if they are insured or not and you must list anyone who drives your car.
It is illegal to drive your car in Massachusetts without proof of insurance. The state cracks down on people who drive without insurance and imposes stiff penalties on them. According to data published by Insurance Research Council, one in eight drivers is uninsured.
Most drivers are also underinsured because they only carry the minimum coverage required. If they cause a serious accident, they won’t be able to fully cover the damages the accident victim incurred. You should therefore keep in mind that if you decide to go forward with an accident claim, it’s likely that your insurer will be your only source of compensation.
How Will My Car Accident Case in Fall River, MA, Be Affected if I Don’t Wear a Seatbelt?
Massachusetts uses the 51% comparative negligence rule. This means that you can only recover if your share of the blame was less than 51%. If your share of the blame was more than 51%, you cannot recover at all.
Something else you also need to consider is that your damages will be reduced by your share of the blame. For instance, if you were awarded $20, 000 in damages but you were found to be 20% at fault for the injury, your damages will be reduced by 20% so you will receive $16, 000.
Not wearing a seatbelt is considered a negligent act and it may be considered to be a contributing factor to your injuries. For instance, you may have suffered only slight bruising if someone ran into your car while you were wearing your seatbelt. However, since you were not wearing a seatbelt at the time of the accident, you suffered a concussion and a broken arm.
Call a Fall River Car Accident Lawyer You’ve Been Injured in a Car Accident
Our car accident attorneys in Fall River, MA can help you determine who was at fault for the accident and help you recover the highest amount of compensation possible. Call a Fall River car accident lawyer today at 508-676-0001 to book your free initial consultation.
