If you have been involved in a sideswipe accident in Massachusetts, you might be wondering who was at fault for the crash and the damages that resulted. The state has a no-fault insurance system, which means any driver involved in an accident files a claim with his or her insurance company.
Each driver is required to have personal injury protection (PIP), which is to cover his or her damages from a crash. While you might wonder why fault matters in a no-fault state, damages could exceed your policy payout. If a driver's actions were more than 50% to blame for the crash, his or her insurance is responsible for the damages suffered by others in the crash.
How Negligence Impacts A Massachusetts Personal Injury Claim
If a driver acted negligently, then he or she was more than 50% to blame for the crash. There are some accidents where the actions of multiple drivers or all drivers contribute to the crash that results. When a police officer responds to a crash and completes an accident report, he or she will determine what caused the crash and who was at fault for the accident.
The at-fault driver's actions will be noted and the details of the crash will be indicated on the report. If a driver is not more than 50% at fault for the crash, but your insurance has paid out its maximum and you still have uncovered damages you might be able to pursue a personal injury claim against the other party as well.
You should consult with a personal injury lawyer for additional information about filing a personal injury claim. When determining fault for a sideswipe crash, the investigating officer looks at damages, locations of vehicles, and whether one vehicle crossed the line and struck the other.
Damages That Might Result From A Sideswipe Accident in Massachusetts
Car accidents can lead to both economic and non-economic damages. One crash can be very costly to the parties that are involved. Economic damages include past and future medical expenses, past and future lost wages, and property damages.
Non-economic damages include pain and suffering, mental anguish, and embarrassment. Keep all evidence and documentation to support your claim and show the damages that you suffered as a result of the crash.
Medical reports, physician bills, proof of missed work and lost wages, tow bills, estimates for repairing your vehicle, photos of injuries and damages, and witness testimony can support your claim. To file a claim, your medical bills must exceed $2,000.
Consult With A Personal Injury Attorney
If you have been involved in a Massachusetts sideswipe accident that has left you with injuries and damages, you should consult with a personal injury attorney. Your lawyer will investigate your accident and determine if you are able to pursue a personal injury claim to recover compensation for the damages that you suffered because of the crash.
Your attorney will create a file that supports your claim to show the negligence of other driver resulted in the damages that you suffered and that you deserve to be compensated for those damages.
Your attorney will not be paid until you get compensated for your damages, so you have nothing to lose. Schedule a free case evaluation with a lawyer right away.
Further Reading About Sideswipe Accidents
If you've been injured or your car has been damaged in a sideswipe accident, you may want to know more about Massachusetts' motor vehicle laws, how getting sideswiped while visiting Massachusetts would affect your case, and how the sideswipe itself would be dealt with in your claim. You can find information about all of those questions, and more at these pages:
