What happens if you’re injured in an accident—or if you injure someone else? You might assume your insurance will cover it, but did you know that not all personal injury insurance works the same way?
The rules around personal injury coverage in Massachusetts regarding car accidents are unique, and who pays for what depends on the type of insurance you have. Some policies protect you, while others protect the people you might injure. But how does this actually work?
This article will break down everything you need to know about personal injury insurance coverage in Massachusetts, what it covers, and how it can help you avoid unexpected financial burdens after an accident.
What is Personal Injury Insurance Coverage?
Personal injury insurance coverage is a broad term that refers to different types of insurance that help cover medical expenses and lost wages after an accident. However, it’s important to understand that this coverage can apply in two different ways:
- Bodily Injury Liability Insurance – Covers someone else’s medical expenses and lost wages if you are at fault in an accident.
- Personal Injury Protection (PIP) – Covers your own medical expenses and lost wages, regardless of who caused the accident.
In Massachusetts, bodily injury liability insurance is required to ensure that at-fault drivers can cover damages to others.
For example, if you cause a car accident and injure another driver, your liability insurance will help pay for their medical treatment. On the other hand, if you are injured in an accident—whether or not you were at fault—PIP will cover your medical costs and lost wages up to the policy limit.
Types of Personal Injury Insurance Coverage
There are different types of personal injury insurance coverage, each serving a specific purpose. Knowing these options helps ensure you have adequate protection in case of an accident.
1. Personal Injury Protection (PIP)
In Massachusetts, Personal Injury Protection (PIP) is required for all drivers (except motorcyclists). It covers the policy holder’s medical costs and lost wages, regardless of fault. PIP coverage provides immediate financial assistance after an accident, up to a limit of $8,000 per person, per car or truck accident.
What PIP Covers:
- Medical expenses (doctor visits, hospital stays, surgeries, rehabilitation).
- 75% of lost wages if you are unable to work.
- Household services, such as childcare, if your injuries prevent you from performing daily tasks.
- Coverage for pedestrians who are hit by a car.
Who PIP Does NOT Cover:
- Motorcyclists: Unlike car drivers, motorcyclists are not eligible for PIP in Massachusetts. Instead, they need separate insurance policies like Medical Payments Coverage (MedPay) for accident-related medical expenses.
- Pain and suffering damages: PIP does not cover non-economic damages like emotional distress or reduced quality of life.
PIP is not government-provided insurance. Instead, it is a mandatory add-on that you purchase through your private auto insurance company as part of your policy.
2. Bodily Injury Caused by an Uninsured Auto
In Massachusetts, Bodily Injury Caused by an Uninsured Auto is a mandatory coverage that protects you if you’re involved in an accident caused by:
- A driver who does not have insurance
- A hit-and-run driver who cannot be identified
This coverage helps pay for your medical expenses, lost wages, and related damages when the at-fault driver cannot compensate you due to lack of insurance. Unlike Personal Injury Protection (PIP), which covers medical expenses regardless of fault, this coverage ensures you can recover damages if an uninsured or unknown driver is responsible.
Why This Coverage is Important
Without uninsured motorist protection, you may have no financial recourse if an uninsured or hit-and-run driver injures you. Even though Massachusetts requires drivers to have insurance, some drivers ignore the law or let their policies lapse.
For example, if you’re injured in a hit-and-run accident, this coverage allows you to receive compensation for your medical bills and lost wages without having to personally sue the at-fault driver—who may never be found.
2. Medical Payments Coverage (MedPay)
MedPay is an optional coverage that helps pay for medical expenses after an accident. While it is similar to PIP, there are key differences:
- MedPay only covers medical expenses—it does not cover lost wages or household services.
- It can be used to fill gaps left by PIP or if medical expenses exceed the PIP coverage limit.
For example, if your total medical expenses after an accident are $10,000 and PIP only covers $8,000, MedPay can help cover the remaining $2,000, depending on your policy limits.
3. Bodily Injury Liability Coverage
Unlike PIP and MedPay, bodily injury liability insurance does not cover your own medical expenses—instead, it pays for injuries you cause to others in an accident where you are at fault.
What It Covers:
- Medical expenses and lost wages for the other injured party.
- Legal fees if the injured person sues you.
- Compensation for pain and suffering (if applicable).
What It Does Not Cover:
Your own injuries or lost wages. (These are covered by PIP, not liability insurance.)
For instance, if you hit another car and the driver is injured, your bodily injury liability insurance will cover their medical expenses and lost wages, up to your policy limits. However, it does not pay for your own medical bills, you would need PIP or health insurance for that.
Sometimes, determining what expenses qualify for coverage can be tricky. A car accident lawyer can help ensure that your claim accurately reflects all your losses, from medical bills to lost wages, as a result of your auto accident.
Exclusions in Personal Injury Insurance Coverage in Massachusetts
There are certain situations and costs that personal injury insurance coverage doesn’t handle. It’s essential to know these exclusions:
- Motorcyclists: Unlike car (or truck) drivers, motorcyclists are not eligible for personal injury protection (PIP) in MA. They need separate policies for coverage.
- Driving Under the Influence (DUI): If an accident occurs while you’re under the influence of drugs or alcohol, the coverage won’t apply.
- Pain and Suffering Damages: PIP and other basic coverage do not compensate for non-economic damages like emotional distress or reduced quality of life.
- High Medical Costs Beyond Limits: Expenses exceeding the policy’s limit (usually $8,000 in Massachusetts) are not covered without additional insurance.
These exclusions highlight the importance of understanding personal injury insurance laws in MA to avoid surprises after an accident. If your situation falls into one of these excluded categories, a personal injury attorney can explore alternative legal options to help you pursue compensation.
Coverage Limits of Personal Injury Insurance in MA
In Massachusetts, personal injury insurance coverage has specific financial caps. Here’s what you should know about its limitations:
- $8,000 Maximum Per Person Per Accident: This is the total amount available under PIP for medical bills, lost wages, and household services combined.
- $2,000 Initial Medical Coverage: PIP directly pays the first $2,000 of your medical expenses. After this, your health insurance steps in to cover additional costs.
- $25,000 Per Person / $50,000 Per Accident for Uninsured Auto Injuries: Covers medical expenses and lost wages if you are injured by an uninsured or hit-and-run driver (effective July 1, 2025).
- $25,000 Per Person / $50,000 Per Accident for Bodily Injury Liability: Covers injuries you cause to others in an accident (effective July 1, 2025).
- Supplementary Coverage: If your medical costs exceed the PIP limit and your health insurance doesn’t cover everything, you may need additional policies like Medical Payments Coverage (MedPay) or out-of-pocket payments.
If your expenses exceed the coverage limits, a personal injury lawyer can help you pursue additional compensation through legal claims or supplemental insurance options.
How Can You File a Personal Injury Insurance Claim in Massachusetts
If you’ve been in an accident, filing a claim depends on the type of personal injury insurance coverage involved. The process is straightforward but requires careful attention to detail. Here’s how you can do it:
Steps to File a Claim
1. Notify Your Insurance Company
Contact your insurance provider immediately after the accident. Let them know what happened and start the claim process. Delays in reporting may affect your eligibility for benefits under Massachusetts personal injury insurance coverage.
2. Gather All Necessary Documentation
Collect evidence to support your claim. Key documents include:
○ Medical Records: These prove the extent of your injuries and the treatments you’ve received.
○ Proof of Lost Income: If you couldn’t work due to your injuries, you’ll need a statement from your employer detailing your lost wages.
○ Police Reports: If the accident was reported to law enforcement, include a copy of the report as part of your claim.
○ Receipts for Expenses: Keep records of out-of-pocket costs, like transportation to medical appointments or hiring help for household chores.
3. Submit Your Claim Form
Complete the insurance claim form provided by your insurer. Include all the gathered documentation and a detailed account of the accident. Be honest and accurate, as discrepancies can delay processing.
4. Follow Up With Your Insurance Provider
Stay in touch with your insurance company to check on the status of your claim. Prompt responses to any additional requests for information can help speed up the process.
Deadlines to Keep in Mind
Filing a claim for personal injury insurance coverage in MA comes with strict deadlines. Missing these timeframes can result in losing your benefits:
- Report the Accident Immediately
Notify your insurer as soon as possible, ideally within 24 hours. Prompt reporting ensures your claim is processed without unnecessary delays. - Medical Treatment Timeline
Seek medical attention immediately after the accident. Delaying treatment can weaken your claim, as it may seem like your injuries weren’t severe. - Statute of Limitations
Under Massachusetts personal injury insurance laws, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. However, PIP claims must often be filed much sooner—within a few weeks or months, depending on the insurer’s policy.
Missing a deadline could result in losing your benefits. A Massachusetts work injury lawyer can keep track of these deadlines and handle the process efficiently on your behalf.
Take the Next Step To Secure Full Compensation
Dealing with an injury and sorting out how your personal injury insurance coverage applies to your accident can be challenging. In addition to recovering from your physical injuries and/or emotional distress, you may feel unsure about the claims process or how to protect your rights.
If your claim has been denied or you’re facing unfair treatment, now is the time to take action. Our dedicated team is ready to support you at every stage. From filing your claim to resolving disputes and exploring all your options, our experienced lawyers are committed to helping you secure the compensation you’re entitled to.
If you want clear advice and support to protect your rights, contact us today for a free consultation (with no commitment nor pressure). You can call our Springfield, MA office at (413) 746-4400. We can help make sure you get the all the compensation, benefits and support you’re entitled to.