Can I Sue For a Car Accident If I Was Not Hurt in Massachusetts?
Published in Car Accidents on August 19, 2024
Reading Time: 4 minutes
If you walk away from a car accident without physical injury, you’ll probably want to count your blessings. However, that doesn’t necessarily mean everything is okay. A car accident is a stressful event, no matter the circumstances. Even minor crashes can cause financial hardship, emotional issues and disruptions to your work schedule for days and weeks ahead.
Can You Sue Even If You Aren’t Injured?
Yes, it is possible to file a lawsuit after a car accident in the state of Massachusetts, even if you did not suffer physical injuries. You might pursue claims for property damage or loss of income. For non-economic damages, you will need to meet certain criteria to prove a significant emotional impact.
This article can help you understand your rights and options.
Understanding the Massachusetts No-Fault Insurance System
For car accidents, Massachusetts is what’s known as a no-fault insurance state. In order to legally drive a car, people must carry car insurance with Personal Injury Protection. In the event of an accident, PIP covers you, other drivers you have given permission to operate your vehicle, your passengers and pedestrians.
After an accident, your own insurance will not only help cover medical expenses but also things like lost wages and replacement services. By allowing drivers to make claims with their own insurance carriers, the no-fault system helps keep insurance costs under control, reduces litigation and allows for a clear and simple way to settle claims after an accident.
However, it has its limitations. For example, at the time of this writing, there is an $8,000 cap on payouts. And, PIP does not address non-monetary damages such as pain and suffering.
Additionally, your own insurance company may deny or limit your claims. Adjusters may try to downplay the extent of damages in order to minimize payouts. Be aware of these tactics, so you can ensure your fair compensation after an accident.
Seeking restitution beyond the scope of the no-fault system could require filing a lawsuit, and to do that means meeting a specific set of criteria.
Suing Without Physical Injury In Massachusetts
Even if you are physically fine after an accident, you may experience issues and expenses not covered within the no-fault framework. Under certain circumstances, you may file a lawsuit to cover these additional expenses.
Property Damage Claims
If your vehicle sustained damage beyond the $8,000 limit allowed under PIP, you may be able to seek compensation through the at-fault party’s insurance company. In addition, Massachusetts drivers in car accidents may file inherent diminished value claims—the difference between the value of the vehicle before and after the accident.
Loss of Income
In the event that you cannot work for an extended period after an accident, or if the accident directly impacts your employment, you may have grounds for a claim even if you weren’t injured. Again, Massachusetts caps PIP coverage through your own insurance at $8,000.
Emotional Distress
Under Massachusetts law, you may file a claim for severe emotional or psychological distress that occurred because of the accident. However, the process for making and proving these claims is somewhat complex and highly dependent on individual situations.
The first step is to contact the alt-fault driver’s insurance company. If the at-fault person’s insurance refuses to settle your claims, or if they dispute who is at fault, you may consider a third-party lawsuit.
Legal Thresholds and Considerations
Claims and lawsuits that extend beyond the Massachusetts no-fault insurance framework need to meet specific criteria to move forward.
Serious Injury Threshold
Since this article deals with car accidents that did not involve physical injuries, in this context, the serious injury threshold would apply to claims for pain and suffering. In such, the claimant must be able to prove at least $2,000 in reasonable and necessary expenses because of the accident.
An inability to do so means you are likely limited to seeking compensation for economic damages.
Comparative Negligence
Massachusetts uses a Modified Comparative Fault Rule with a 51% bar. This means, in order to recover damages because of a car accident, you must be less than 50% at fault for that accident. If so, you can claim damages proportional to your responsibility for the accident. If you are 51% or more at fault, you may not claim any damages.
Statute of Limitations
In Massachusetts, the statute of limitations for filing claims and lawsuits resulting from a car crash is three years from the date of that accident. Miss that deadline, and you may lose your right to compensation.
Practical Steps
If you are considering legal action after a car accident in the state of Massachusetts, it is smart to get organized and know what you are up against. Here are a few things to think about:
- Documentation: Keep notes and detailed records of events related to the accident, including photos of damage, receipts, and anything related to your work situation. This evidence will help prove your case.
- Legal Advice: Talk to a lawyer as soon after your accident as possible. An experienced attorney who knows the ins and out of Massachusetts insurance laws can help you understand your case, including whether you have one.
- Your Insurance Policy: Take a look at your insurance policy so you know what coverage you have and where it can help you. If there is something you don’t understand, discuss it with your attorney
- Initiate Claims: Your first step is to file claims with your own insurance carrier, as per Massachusetts laws. If your expenses are beyond compensation, and you meet the criteria, you might file with the at-fault driver’s insurer. If one or both insurance companies will not provide satisfactory resolution, you might need to move forward with legal action.
Damages After a Car Crash In Massachusetts
In Massachusetts, you have the option to pursue legal action following a car accident, even if you did not sustain physical injuries. You may recover property damage, lost wages, losses due to vehicle depreciation as a result of the accident and even compensation for extreme emotional distress.
However, whether you can bring forward such a lawsuit depends on a range of factors. It’s smart to consult with an attorney who can explain your rights after a car accident.
Contact Sweeney Merrigan Personal Injury Lawyers today so we can help you navigate your specific situation.