If you are involved in an accident in Massachusetts for which the responding officer issued you a citation, you might think that you will be out of luck in recovering compensation for your medical expenses and other losses. However, Massachusetts’ no-fault insurance and its comparative fault laws might allow you to receive compensation for your losses. Can you claim personal injury if you are at fault for a Massachusetts car accident? Read on to learn more.
Can You Claim Personal Injury If You Are at Fault?
After being injured in an accident and being found at fault, you might wonder, “Can you claim personal injury if you are at fault?” Massachusetts’ laws provide two ways for injured car accident victims to potentially recover compensation, including the no-fault insurance system and its comparative fault rules.
No-Fault Insurance in Massachusetts
Massachusetts is a no-fault state for car accidents. This means that all motorists in the state must carry personal injury protection (PIP) coverage as a part of the state’s minimum auto liability requirements. When you are injured in an accident, you can file a claim with your insurance company regardless of whether you were deemed at fault by the police or the company. PIP coverage provides limited coverage up to a maximum of $8,000 for the following losses:
- Medical expenses
- 75% of your lost wages
- Cost of replacement services
If your injuries are serious and you are unable to return to work for a long period, your PIP coverage might not be enough to cover your losses. In that case, it’s important to understand the state’s comparative fault rules to determine whether you might have a personal injury claim to recover damages.
Massachusetts’ Comparative Fault Law
Massachusetts’ comparative fault law is found in Mass. Gen. Laws ch. 231, § 85. Under this law, you can recover damages for your car accident injuries as long as you are 50 percent or less at fault. However, your damages will be reduced by the percentage of fault the jury allocates to you. What this means is that as long as the jury finds that the other motorist was equally responsible for causing your car accident, you can recover compensation for your losses at an amount reduced by your percentage of liability. For example, if the jury finds that your damages equal $100,000 but finds that you were 50 percent at fault, your net verdict award would be $50,000.
Understanding Assignments of Fault by a Police Officer or Insurance Company
Even if a police officer cites you at the accident scene and makes an initial determination that you were at fault, this finding is not binding on the outcome of your injury claim. Attorneys and insurance companies carefully investigate what happened in accidents to make liability determinations that are separate from those made by the responding officers. If your case goes to trial, the jury will determine liability from the evidence presented by both sides, and the jury’s determination of liability might be different than what both your attorney and the insurance company have separately determined.
You should not accept the insurance company’s or police officer’s determination that you were primarily responsible for your car accident and believe that you can’t recover damages. Instead, you should consult a car accident attorney at Ellis & Associates for a review of your case so that you can figure out your legal options.
What If You Broke the Law?
The comparative fault law states that you might still be eligible to recover damages for your injuries even if you violated a regulation, ordinance, or criminal statute. However, the law states that your violation will be treated as evidence that you were negligent but will not bar you from recovering compensation. While a legal violation might make your injury case more difficult, it doesn’t mean that you won’t be able to recover compensation for your injuries and other losses.
Contact Ellis & Associates
Even if you were told that your accident was your fault, that doesn’t necessarily mean that you won’t be able to recover compensation. To learn more about your rights, schedule a free consultation with the attorneys at Ellis & Associates today by calling us at 800-MR-ELLIS.