A car accident can happen at any time on Massachusetts roads and highways. Even if you are the most careful, defensive driver, your car could still be hit and you, and any passengers in your car, could be injured. Speeding, fatigue, distracted driving, intoxication and drug use, aggressive driving and overconfidence when maneuvering in heavy traffic can all be causes of a serious accident.
It is wise to be prepared for such an event to help protect yourself from expensive repairs, medical costs and potential legal consequences of a claim against you. This article provides details of steps you should take if you are involved in a car accident and how you can recover the costs of medical treatment and property damage through an insurance claim and / or personal injury claim.
Steps to take after a car accident
Whatever the scale of the accident and reasons why it happened, these are the most important steps you should take immediately following the crash
- Make sure there is no further danger. Move your own car, if you can, away from any potential danger, especially if there is heavy traffic nearby or there is a potential threat of a fire or an explosion.
- Check whether there is anyone seriously injured, including yourself. If so, call 911 immediately. If at all practicable, use first aid.
- If there has been any serious injury or serious damage to vehicles, call 911 and report the accident.
- Exchange information with any other drivers involved in the accident. This means names, addresses, phone numbers and insurance details.
- Whatever the circumstances of the accident, remember not to give an opinion about fault at this stage, especially do not admit any fault of your own. Any admission of fault could be used as evidence against you by another driver or reduce the amount of compensation you could obtain in a personal injury claim you might make.
- Assuming that you are physically fit to do so, record the crash scene as carefully as possible, position of the cars before and after contact, nature of the damage done, behavior of other drivers, etc. Take photos of the position of the vehicles, any evidence of the movements of the vehicles before the crash such as tire skid marks, the damage done to the vehicles and any obvious signs of injury to anyone involved.
- Ask any eye witnesses for their names and contact details. Ask them if they are prepared to provide details of what they saw, even if this is later, when an insurance or personal injury claim is made.
- Look for any security cameras or traffic cameras in the vicinity that might have inadvertently filmed the crash. This is most likely at a controlled intersection where there is a red light camera installed.
- Even if you think you or your passengers were not injured, or only slightly injured, you should make sure you visit a doctor for a check-up. Some car accident injuries take time to show up, especially injuries like whiplash. The shock of a car accident can hide injuries that show up hours or even days afterwards.
- Make sure you inform your own insurance company as soon as possible, leaving no details out.
- If police officers attended the crash, they will compile a police accident report. Make sure you get a copy of this report as it is an important piece of evidence if you have to file a personal injury claim.
Massachusetts car accident insurance (PIP) law
Massachusetts is a no-fault state for car accident claims. State law means that car drivers must take out personal injury protection (PIP) insurance for a minimum of $2,000 for personal injury. In the event that a car accident occurs, drivers and their passengers who are injured must turn to their own insurance provider first to recover the cost of medical treatment. This remains the case even if the accident was caused by the other driver. That’s why it’s called no-fault insurance. This also protects you from personal injury claims made against you by another driver who has alleged that you were at least 50% at fault in the accident. Note that basic PIP insurance doesn’t cover the cost of repairs to your car or replacement if it is a total write-off.
When can you file a personal injury claim in Massachusetts?
If you believe that your accident was caused by another driver’s negligent driving and the cost of any medical treatment for your injuries exceeded the minimum PIP cover (i.e. $2,000) or a death occurred, you may be able to file a personal injury claim against that driver. PI claims may be successful to recover the full cost of medical treatment, lost wages or other income and an amount for pain and suffering if you can provide convincing evidence that the other driver was at least 50% to blame for the accident.
Massachusetts is a comparative fault state for personal injury claims, which means that compensation may be sought proportional to the fault that is determined in the accident. For example, if the other driver was determined to be 75% at fault, then you may be able to recover 75% of the compensation you have claimed from that driver’s insurance provider.
Damage to property is not normally covered by basic PIP insurance, although you can take out additional insurance cover with your own provider. You can make a personal injury claim against any driver you believe was negligent for damages related to property if their fault was at least 50%.
Talk to a personal injury attorney if you are considering making a claim
If your injuries were serious or your vehicle was badly damaged in a car accident, you may be considering making a personal injury claim against a negligent driver. You should talk to a personal injury attorney in Boston about the accident and the evidence you might have regarding the other driver’s behavior. The attorney will have working knowledge of Massachusetts no-fault laws for insurance, the state’s modified comparative fault laws for personal injury claims and the state’s Standards of Fault criteria which are used to determine the level of fault.
Making a claim on your own may mean you lose out on the level of compensation you could have obtained with the help of an attorney.