No-Fault Insurance Laws
Twelve states, including Massachusetts, have no-fault auto insurance laws. People often misinterpret no-fault laws to say individuals receive coverage only from their respective insurance providers. This interpretation is not entirely correct. Each state has a certain threshold that, when passed, allows an individual to pursue litigation for compensation.
Different Types of Thresholds
No-fault insurance programs intend to limit the right to sue for people involved in an auto accident, which keeps the costs of claims low. There are three different types of no-fault auto insurance laws that states can choose to enact. Each has different criteria one must meet before a person can use litigation to pursue claims.
- Verbal thresholds: States provide a complete list of what categories of injuries are serious enough to justify a tort.
- Monetary thresholds: States set a dollar amount for medical bills that individuals must reach before states allow a tort, (Massachusetts currently uses this method).
- Choice no-fault: States allow its drivers to choose its own policy and drivers can choose to pursue litigation at will.
Just because you live in a no-fault state does not mean that you cannot recover the claims you may deserve. Once meeting one of these thresholds, all drivers involved in an automobile accident can sue for damages. While the no-fault system exists to make recovering compensation from insurance companies easier, it has blurred the line as to who is liable for an accident.
Contact a Personal Injury Lawyer
The attorneys at Crowe & Mulvey, LLP are experienced in pursuing litigation in the Massachusetts no-fault system. Our dedicated team understands that sometimes someone is at fault and needs to compensate another party for their medical bills.