Lynn No-Fault Insurance – When Can I Sue the Other Driver?

If you’ve been in a car accident in Lynn, chances are that you’ve incurred some economic damages, noneconomic damages, or both. Indeed, you may be facing questions about how you’ll pay your large property damage expenses, how you’ll afford your medical bills, and what you’ll do now that you’re unable to work because of your injuries. Because Massachusetts maintains a no-fault car insurance system, you may also be wondering whether or not your no-fault benefits will offer you the compensation you deserve and whether suing the other driver is an option. Here’s what you should know–

No-fault Insurance – What’s that?

No-fault insurance is a type of insurance system that requires drivers to file a claim against their own insurance company after an accident, regardless of fault. Then, compensation for claimants’ injuries is paid through their own policies’ Personal Injury Protection (PIP) coverage, which is required in an amount of at least $8,000 per person, per accident.

PIP insurance has several benefits, including, reimbursement for your medical bills up to $8,000.00 and reimbursement of 75% of your average weekly wage up to $8,000.00 as well as out of pocket expenses for treatment.

When Can I Sue the Other Driver?

If you have been seriously injured in a Lynn car accident, your PIP $8,000 policy may not cover all of your medical bills nor does it cover pain and suffering. In the event that your injuries meet the serious injury threshold set forth by the state of Massachusetts, you may file a claim against the at-fault driver’s insurance or file a lawsuit against the at-fault driver directly.

The serious injury threshold is defined in Massachusetts General Laws Chapter 231 Section 6D, and reads that a serious injury is one that results in death, whole or partial loss of a body member, whole or partial disfigurement, loss of sight or hearing, or bone fracture.  You must also incur in excess of $2,000.00 in medical bills for treatment as a result of the accident.

Act Within the Statute of Limitations

In addition to proving that you have suffered serious injuries that allow you to step outside of the no-fault system and seek damages for pain and suffering, you must also prove that your injuries would not have occurred but for the actions of the responsible driver. Further, you must be sure to file your claim generally within three years of the date of your accident or else you will forfeit your right to benefits.  In some instances the statute of limitations may be a shorter period such as two years for various reasons.

Call a Skilled Lynn Car Accident Lawyer Today

If you have been injured in a car accident in Lynn, you may have the right to file a claim with your own insurance and pursue damages against the at-fault driver. To work with a skilled Lynn car accident lawyer whom you can trust, and who works on a contingency fee basis, call Deborah Gold-Alexander. Attorney Deborah Gold-Alexander has over 30 years’ experience, and is ready to start working on your case today.