Home › Resources › PIP No-Fault Insurance
Massachusetts PIP No-Fault Insurance
Massachusetts Personal Injury Protection benefits pay your medical bills and lost wages regardless of fault. Attorney Jeffrey C. Lavey explains how PIP works and how it coordinates with your personal injury claim. Free consultation.
Personal Injury Protection in Massachusetts
Massachusetts is a modified no-fault state. Every Massachusetts auto insurance policy includes mandatory Personal Injury Protection (PIP) coverage that pays for medical expenses and lost wages arising from a car accident, regardless of who was at fault. PIP coverage is available to the named insured and household family members, passengers in the insured’s vehicle, and pedestrians struck by the insured vehicle. Understanding how PIP coverage works, and how it relates to your personal injury claim against the at-fault driver, is important for every Massachusetts car accident victim. Attorney Jeffrey C. Lavey advises clients on PIP coverage in every car accident case.
What PIP Covers
Massachusetts PIP coverage pays for reasonable medical expenses for injuries sustained in a car accident and a percentage of lost wages for time missed from work, up to the policy limits. PIP is the first-payer for medical expenses in a Massachusetts car accident, it pays before your health insurance. It applies regardless of who caused the accident. If you have health insurance, PIP pays for costs that health insurance does not cover, subject to the applicable limits. The PIP claim is made against your own auto insurance policy, not against the at-fault driver.
PIP Limits and Exclusions
Massachusetts requires a minimum PIP coverage amount per person per accident. Higher limits may be purchased. PIP does not cover all accident-related expenses without limit, once the PIP benefits are exhausted, health insurance or the personal injury claim against the at-fault driver must cover remaining expenses. PIP also does not compensate for pain and suffering, which is recoverable only through a personal injury claim against the at-fault driver. Attorney Lavey explains exactly how PIP applies to every client’s specific coverage.
The Verbal Threshold in Massachusetts
Massachusetts limits pain and suffering claims in car accident cases through a verbal threshold: in most cases, a car accident victim can only sue the at-fault driver for pain and suffering if they suffered a defined serious injury, death, loss of a body part, permanent and serious disfigurement, loss of sight or hearing, or a fractured bone. Understanding whether your injuries meet the verbal threshold is essential to evaluating the full value of your claim. Attorney Lavey analyzes the verbal threshold question in every Massachusetts car accident case.
How PIP Interacts With Your Personal Injury Claim
When you settle or recover through a personal injury lawsuit against the at-fault driver, your PIP insurer has a right to be reimbursed from your recovery for the PIP benefits it has paid. This reimbursement right, called subrogation, must be accounted for in evaluating the net value of your personal injury recovery. Attorney Lavey manages PIP subrogation in every car accident case and coordinates the PIP claim and the personal injury claim to maximize net recovery.
Frequently Asked Questions
PIP is a first-party benefit, you claim it against your own auto insurance policy, not against the at-fault driver. The fact that you were not at fault does not affect your right to PIP benefits. You file a PIP claim with your own insurer while simultaneously pursuing a personal injury claim against the at-fault driver and their insurance. Attorney Lavey advises every car accident client on initiating both claims correctly and simultaneously.
When PIP benefits are exhausted, your health insurance becomes the next payer for ongoing medical treatment. The costs paid by health insurance during the recovery period are captured as part of the personal injury claim against the at-fault driver. Attorney Lavey tracks all medical expenses throughout the treatment period to ensure the full cost is included in the personal injury damages claim.
No. PIP benefits and the personal injury claim against the at-fault driver are separate. The at-fault driver's insurance does not get to deny your medical expenses because PIP covered them initially. However, as noted above, your PIP insurer may have a subrogation right against your personal injury recovery for the amount it paid. Attorney Lavey handles the coordination between PIP and the personal injury recovery in every case.
Uninsured Massachusetts residents injured in car accidents may have access to PIP through the vehicle in which they were riding (if they were a passenger) or through other applicable coverage. The analysis depends on the specific circumstances. Attorney Lavey advises on PIP availability for uninsured accident victims who contact his office.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 or Text (781) 938-1400 for a free consultation.
Book a Free Consultation Today
There Are No Fees Unless We Win.
- 1Complete our simple questionnaire
- 2Schedule a free consultation with Attorney Jeffrey C. Lavey