Often, we focus on is the rights of the drivers in the wake of a car crash. But what if you are a passenger? Do you have rights?
The answer is yes. But it is not as simple as that. Massachusetts is a No-Fault State, which means that all drivers in Massachusetts must have Personal Injury Protection, which covers up to $2,000 dollars in medical expenses and up to $8,000 dollars in lost wages.
Therefore, every person injured in the accident must receive compensation for the accident under their own insurance policy, regardless of who is at fault. This is in place in part to deter drivers from taking each other to court.
Note, however, that there are exceptions. Those involved can seek trial if one or both of these conditions are met:
- The driver or passenger sustained serious injuries (i.e. broken bones, serious disfigurement)
- The medical expenses exceed $2,000.
It is also important to remember that, by virtue of being a passenger, you are not completely free of fault.
Although it is generally accepted that passengers are not at fault for accidents, given they do not have control of the car, there are certain exceptions where the passenger can be found partially liable. This is referred to as comparative fault or negligence.
Can You Still Collect Damages if You Are at Fault?
What is an example of comparative fault? Let’s say you were at a bar with a friend and let the driver get behind the wheel, fully knowing he or she was drunk. You may be found to have comparative fault. Your recovery will be reduced by the percentage you are at fault.
For example, if you are found to share less than 50 percent of the fault, your damages will be reduced by that amount. However, if you are found to share 50 percent or more of the fault, you will not be able to collect.
The no fault rule and comparative fault can make car accident claims complicated for a driver that is injured. That’s why you will want to make sure that if you sustained serious damages, that you contact an experienced Boston motor vehicle accident lawyer to help guide you through the case.
Our Experienced Boston Car Accident Lawyers Are Here to Help
If you or a loved one is seriously injured from a car accident that wasn’t your fault, call Glassman Injury Lawyers.
Call us today at 617-7777-777 for a FREE, confidential consultation. When you call our experienced Massachusetts personal injury lawyers, we will investigate every detail of your accident at no cost to you.