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How Does Fault or No-Fault State Apply to an Auto Accident Claim?
Massachusetts is a no-fault state. What that means is there are what’s called PIP benefits and that applies to automobile accidents. If you have this coverage, and most people do (although some people waive the coverage in an attempt to lower their insurance costs), then no matter who is deemed at fault, their insurance company will pay the first $2000 in medical bills, then it goes to the health insurance carrier if they have health insurance. If the health insurance doesn’t cover that particular form of treatment, the PIP carrier will pay up to $8000 in medical bills and/or lost wages regardless of who is deemed to be at fault. If the other party is deemed to be at fault then that insurance company will collect whatever they paid from the other party’s insurance company. It’s a little bit of a complicated system and that’s why it is a good idea to have an attorney help you.
Yes, it is advisable to notify your own insurance company once an accident has occurred as soon as possible.
If you hire our law firm, we’ll take care of notifying the other driver’s insurance company of the accident for you.
Evidence and witnesses are very important in any personal injury claim. If there is a dispute as to who is responsible for the accident, evidence and witnesses are vital. With the advance of technology, it’s important for clients to utilize their smartphones to photograph the evidence, the locus of the accident, tire tracks, skid marks, and pictures of the point of impact.
The types of injuries that we see in motorcycle accidents are oftentimes more serious. Common sense would dictate that in cases involving motorcycle accidents, there is nothing between the operator of the motorcycle and the road. So when you are comparing a motorcycle accident to a car accident, in cars there is metal between the driver and the point of impact. The physics of the motorcycle accident often has the driver being thrown over the handlebars and that can provide a very serious injury.
Yes, a helmet is required when operating or riding on a motorcycle. If someone is not wearing a helmet, I would think that it would be a factor in ascribing some sort of comparative negligence upon the operator if they fail to comply with the law on wearing a helmet.
Yes, not wearing a helmet can affect the value on an accident claim. Specifically, if the other party is deemed to be at fault and you weren’t wearing a helmet, it may possibly reduce your award by a certain percentage based on the fact that you were not wearing a helmet. The theory here is that if you were wearing a helmet, then maybe the injury would not have been as severe.
In a viable motorcycle accident case, I’m specifically looking to see if the fault is on the other operator.
An attorney who is experienced in handling motorcycle accident cases would be an individual who is experienced in the nuances involved in motorcycle riding. Further, the recognizance of blind spots which may exist in the locus of the accident and be aware of the vulnerability of the driver of the motorcycle. Motorcycle riding is very popular in Massachusetts and throughout the nation, and of particular importance is the fact that a lot of Massachusetts’ roads are narrow. They are winding and there are blind spots. This is why somebody should be experienced in handling motorcycle cases and be aware of the locus of where the incident occurred.
For more information on Fault And No-Fault States, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 800.262.9200 today.
