Why does fault matter in a car accident?

On Behalf of | Dec 20, 2022 | Car Accidents

Massachusetts requires that you have Personal Injury Protection (PIP) coverage through your car insurance. If you are in an auto accident, this coverage helps pay for some of your medical expenses and lost wages.

However, this coverage only pays up to the limits you select. When another driver is at fault in the accident, you might be able to recover additional compensation.

Assigning fault in car accidents

A series of wrong decisions by more than one driver often cause car collisions. Since Massachusetts uses comparative negligence when determining fault, you and the other driver may have both contributed to the accident. To collect damages from the other driver, you must be less than 51% at fault for the collision.

Understanding Massachusets’ tort requirements

When you sustain injuries beyond the amount covered by your PIP insurance, you might be able to sue the at-fault driver if the accident meets the tort threshold. Some of the conditions of the threshold are:

  • Permanent injury or disfigurement
  • Full or partial amputation
  • Medical bills over $2,000.00
  • Loss of hearing or sight

The maximum time to file a tort lawsuit is three years, so do not delay pursuing a claim.

Collecting additional compensation in personal injury suits

Your auto insurance PIP coverage should cover some of your medical bills and help cover lost wages. Filing a tort claim also means requesting compensation for pain and suffering from the other driver.

If you are in an auto accident and suffer injuries, determining fault may help you recover the maximum compensation.