It’s common for injured passengers to wonder, “What are my rights as a passenger in a car accident?” Fortunately, they have a few options that they can pursue to be compensated for their injuries in a car crash.
All motorists must drive with the same degree of caution as a reasonably prudent driver would exercise under similar circumstances. When a motorist violates this duty and causes an accident, anyone injured, including a passenger, has the right to pursue a liability claim. Generally, the best option will depend on whether one or both drivers were at fault and the severity of your injuries.
If you received minor injuries in a car accident in Massachusetts, you can recover compensation for your injuries through the driver’s auto insurance. Massachusetts is a no-fault state for auto accidents when the victim’s injuries are not severe. This means you can file a claim with the person’s insurance carrier who was driving the car in which you were a passenger even if they weren’t at fault. Under Mass. Gen. Laws ch. 90, § 34M, all auto insurers must provide personal injury protection coverage as a component of their auto insurance policies. This coverage pays for injuries to the policyholder and any of their passengers. However, PIP coverage only pays for injuries up to a maximum amount of $8,000. If your medical expenses exceed that, you must take advantage of other options to receive full compensation for your losses.
If your losses exceed your driver’s PIP coverage limits and your injuries are severe, you can pursue a claim against the at-fault driver. If the at-fault driver is the other motorist involved in your crash, you can step outside of the no-fault system and file a lawsuit against the responsible party. If the other driver was solely to blame for your car crash, your attorney will help you value your claim and pursue compensation through that driver’s auto insurance policy. Keep in mind that if the other driver only has insurance meeting the state’s minimum liability requirements, their insurance might not be enough to fully cover your losses.
In Massachusetts, the minimum liability insurance coverage for bodily injury is $20,000 for one injured victim or a maximum of $40,000 per accident when two or more people are injured. If several people were injured in your crash, dividing $40,000 between all of you might not be enough to cover each of your losses. Even if you were the only injured person, $20,000 might not be sufficient to cover all of your losses. In that situation, your attorney will look for other potential sources of recovery to try to cover the gap.
In many car accidents, both drivers will share fault for causing their collision. If your driver was partially at fault, your attorney will pursue injury claims against both drivers. Under Mass. Gen. Laws ch. 231, § 85, every person is responsible for their negligence. In a car accident in which both drivers share fault, each driver will be responsible for paying the percentage of damages that matches their degree of fault. For example, if one driver is found to have been 30 percent at fault while the other was 70 percent at fault, one driver will have to pay 30 percent of your expenses, and the other will be responsible for paying 70 percent.
The options discussed above are not all of the available options you might pursue. An experienced attorney at Ellis & Associates can review the facts of your case and work to identify all potentially liable parties and recovery sources. Call us at 800-MR-ELLIS or send us a message online for a free consultation and to learn more about the options that might be available.
If you experience chronic migraines, you know that a severe migraine is definitely not "just a…
Lumbar radiculopathy, more commonly known as sciatica, can be extremely painful and debilitating. When it's…
A motorcycle accident can leave you with serious injuries and expensive medical bills. While Massachusetts…
Motorcycle riders face higher accident risks than other motor vehicle occupants because they have fewer…
Were you recently injured in a motorcycle collision that wasn't your fault? It's important that…
If you've been involved in a motorcycle accident, filing a police report is one of…