You are driving near the Museum of Science when another car barrels into your side. Your vehicle is a wreck, and your back is in constant pain. When you call the other driver’s insurance company, the adjuster tells you that you cannot sue because Massachusetts is a no-fault state.
This is a common tactic to keep you from seeking the money you need for your recovery. Understanding How Massachusetts No-Fault Laws Impact Your Ability to Sue requires knowing that the law actually allows for lawsuits when injuries reach a certain level of severity.
Our team of personal injury lawyer at Altman-Nussbaum-Shunnarah Trial Attorneys fights these insurance company myths and helps you hold reckless drivers accountable for their choices.
The term no-fault means that your own insurance company pays for your initial medical bills and lost wages regardless of who caused the crash.
This coverage comes from Personal Injury Protection, which people call PIP. While PIP provides quick help, it does not cover the pain and suffering or the long-term damage caused by a serious wreck.
We move beyond the basic PIP claim to pursue the person who actually caused your injuries in court.
Winning Insights for Your Claim
- Massachusetts law requires every driver to carry Personal Injury Protection to cover the first 8,000 dollars in medical costs and lost wages.
- A survivor of a crash can only sue for pain and suffering if their medical expenses exceed 2,000 dollars or if they suffer a permanent injury like a broken bone or loss of hearing.
- Claims against the MBTA or the City of Boston have a strict two-year presentment deadline that is shorter than the standard three-year rule.
- If you fall on ice or snow on city property, you must provide a formal written notice of the injury within 30 days or you lose the right to sue.
- Talking with an insurance adjuster about a settlement does not stop the legal clock from running toward your filing deadline.
These facts show that while the no-fault system exists, it does not stop us from taking aggressive legal action when your injuries are serious.
Understanding the Personal Injury Protection Barrier
Every driver in the state must have PIP under Massachusetts General Laws Chapter 90 Section 34M. This insurance pays for your medical bills and 75 percent of your lost wages up to a limit of $8,000.
The insurance company uses this as a shield to try and prevent you from filing a tort claim. A tort is a wrongful act that leads to civil legal liability. We break through this shield by proving that your case meets the legal requirements to step outside the no-fault system.
- If you have private health insurance, PIP pays the first 2,000 dollars and then your health insurance covers the rest.
- PIP then covers any costs that your health insurance refuses to pay, such as co-pays or deductibles.
- Insurance companies often try to deny PIP benefits by claiming your treatment is not necessary.
We fight these denials and make sure the insurance company pays what they owe under your policy. At the same time, we build a case against the at-fault driver to recover money that PIP does not cover. We do not let a small insurance policy limit your ability to rebuild your life, and we make sure you do not assume you contacted a personal injury lawyer too soon when protecting your rights early can make all the difference.
Crossing the Threshold to File a Lawsuit
To sue the other driver for pain and suffering, your case must meet a specific threshold under Massachusetts General Laws Chapter 231 Section 6D. This threshold is the legal gate you must pass to seek money for the non-physical impact of your injury.
If you do not meet one of the following requirements, the court will not let your lawsuit move forward.
- Your reasonable medical expenses must exceed $2,000.
- You suffered a fracture, which is a broken bone.
- The accident caused permanent and serious disfigurement, such as a scar.
- The injury resulted in the loss of sight or hearing.
Insurance adjusters will try to argue that your medical bills are not reasonable so they can keep your total under the $2,000 mark. We use medical evidence and testimony from your doctors to prove the value of your care. We refuse to let the insurance company downplay your injuries just to protect their bottom line.
The Boston Traps: Deadlines That Stop Lawsuits
Even if you meet the $2,000 medical bill threshold, you face other legal traps that can end your case in the city of Boston. These rules apply when the government or city conditions cause your injury. Many people lose their right to sue because they do not know these specific windows of time are much shorter than the standard three-year rule, which is why speaking with a personal injury lawyer before you hire them can help you understand these critical deadlines and protect your rights from the start.
- For a crash involving an MBTA bus or train, you must send a presentment letter within two years. Presentment is a formal notice that tells a government agency you intend to sue them.
- If you slip on ice on a city-owned sidewalk, you must give written notice to the city within 30 days.
- If you miss the 30-day notice for ice, the law bars your claim even if you have a broken leg and 50,000 dollars in medical bills.
We handle these notices and letters for our clients to make certain no one misses a deadline. We know exactly who must receive the notice at City Hall or the MBTA headquarters. Our team moves with the speed required to keep your case alive in a city with many complex legal requirements.
Why Negotiating Does Not Pause the Clock
A common tactic among insurance adjusters involves being very helpful and friendly for the first two years after an accident. They tell you that they want to settle the case once you finish your medical treatment.
They do this to trick you into waiting until the statute of limitations expires. The statute of limitations is the law that sets the final date for filing a lawsuit. In Massachusetts, this is generally three years, but as we noted, it is shorter for cases against the government.
- Talking to an adjuster does not count as filing a claim in the eyes of the court.
- The legal clock keeps ticking every single day you spend waiting for a phone call from the insurance company.
- Once the deadline passes, the adjuster will stop being friendly and tell you that they are closing your file forever.
We do not wait for the insurance company to decide they want to be fair. We file lawsuits early to protect the deadline and show the opposition that we are ready for a trial. This aggressive stance is especially critical in an on-going personal injury case, as it forces the insurance company to take your claim seriously from the very beginning.
FAQs: HOW MASSACHUSETTS NO-FAULT LAWS IMPACT YOUR ABILITY TO SUE
Understanding the intersection of no-fault rules and local city laws is vital for a successful recovery. We provide these answers to help you see how we fight back against insurance company excuses.
What if my medical bills are only 1,500 dollars but I have a scar?
The law allows you to sue for pain and suffering even if your bills are under 2,000 dollars if you have a permanent and serious disfigurement. A scar from the accident or a surgery related to the accident often meets this requirement. We use photographs and medical opinions to show the court that your injury is permanent and warrants a lawsuit. You should never assume you have no case just because your medical bills are low.
Does PIP pay for my damaged vehicle?
No, PIP only covers medical bills and a portion of your lost wages. Damage to your car falls under the property damage part of an insurance policy. Massachusetts no-fault laws do not apply to your vehicle, so you can sue the at-fault driver for the cost of repairs or the value of your car regardless of your medical bills. We help you resolve your property damage claim while we fight the battle for your personal injury recovery.
What happens if I was a passenger and I do not have my own car insurance?
If you do not own a car or live with a relative who owns one, the PIP insurance from the car you were in will cover your medical bills. You still have the same rights to sue for pain and suffering if your injuries meet the threshold. We identify every insurance policy that might apply to your situation to make sure someone pays for your care. You are not left without options just because you do not have your own auto policy.
Why is the 30-day notice for ice so short?
The city of Boston and other municipalities lobbied for this short window to make it harder for people to sue them. They argue that they need to know about the ice quickly so they can investigate the condition of the sidewalk. We believe this is a trap for people who are busy recovering from surgery or a hospital stay. We recommend contacting us immediately after a fall so we can send the notice before the 30-day period ends.
Can I sue for lost wages that PIP does not cover?
Yes, PIP only pays 75 percent of your lost wages, and it stops once it reaches the $8,000 total limit. If you have high earnings or if you are out of work for a long time, you will lose a significant amount of money. We pursue the at-fault driver for the remaining 25 percent of your wages and any amount that goes over the PIP limit. We hold the negligent party responsible for the total financial impact they had on your life.
Take the Fight to the Insurance Company Today
The no-fault system is not a wall that stops you from getting justice. It is a hurdle that we know how to clear with aggressive advocacy and a deep knowledge of the law. At Altman-Nussbaum-Shunnarah Trial Attorneys, we do not let billion-dollar insurance companies use these rules to hide from their responsibilities.
We have recovered more than $1,000,000,000 for our clients because we refuse to back down from a fight.
Contact Our Trial Attorneys for a Free Case Review
If you have been injured in a crash, do not listen to the insurance adjuster who says you cannot sue. Reach out to our team at Altman-Nussbaum-Shunnarah Trial Attorneys to hear the truth about your rights under the law.
We handle the paperwork, the city notices, and the courtroom battles so you can focus on your family and your health. Call us today for a free consultation with a team that treats you like a person and never stops fighting for the accountability you deserve.
