Car Accident Lawyer Lowell Ma Kiley Law Group (2024)

FAQs

How is fault determined in a car accident Massachusetts? ›

The driver of a car is more than 50% at fault when they open or have opened a car door(s) that causes a collision with another car. Failure to Obey the Rules and Regulations for Driving. The operator of a vehicle is more than 50% at fault if they violate any Massachusetts rules and regulations governing driving.

In Massachusetts, the timeline for a personal injury lawsuit can range from several months to a few years, contingent upon negotiations, pre-trial motions, and the potential for settlement discussions.

While Massachusetts operates under a no-fault insurance system for car accidents, you can still sue for damages under specific circ*mstances, such as serious injuries, death, or pain and suffering. Understanding the state's laws, the comparative negligence rule and the statute of limitations is essential.

With California being a pure comparative negligence state, both drivers will usually share the responsibility for a right-turn accident. However, if a driver who did not have the right of way made a right turn and rear-ended another vehicle, they may be 100% at fault.

Irrelevant information.

Any question that you think is improper or does not have any bearing on the outcome of the case may be irrelevant.

Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.

In Massachusetts, the statute of limitations for car accident injury lawsuits runs for three years after the accident.

How long does an insurance company have to investigate a claim in Massachusetts? ›

Insurance companies in Massachusetts do not have a specific amount of time in which they must settle an insurance claim. Instead, state law requires them to settle claims “promptly”.

In Massachusetts, your personal injury settlements cannot be garnished under most circ*mstances. However, if a settlement payout gets mixed in with regular funds, there is no way to prevent garnishment of those funds as they are not distinguishable from the rest of your assets.

There is no specific limit to how much compensation a plaintiff can seek in a car accident lawsuit. Car accident victims can sue the responsible parties for the full extent of their legal damages, which can range anywhere from a few thousand dollars to over $1,000,000.

In the past, insurance companies were only required to pay the costs of repairing or replacing your vehicle. Now, the Massachusetts insurance companies will be responsible for paying to repair your car and compensating you for the loss of value to your car if you have a valid IDV claim.

Massachusetts is a modified comparative fault state, meaning that even if you are partially at fault for causing the car accident, you may still recover some damages. A plaintiff whose fault is greater than 50% is barred from recovery (M.G.L.A. 231 § 85).

Massachusetts is a No-Fault State

This means that your own Massachusetts car accident insurance company pays up to $8,000 of your medical bills, regardless of who was at fault. These benefits are called First-Party Benefits. But just because you're eligible to receive this money doesn't mean you always will.

Massachusetts is a no-fault state which means no matter who causes the accident, PIP will pay these expenses for you or anyone you let drive your car, anyone living in your household, passengers in your vehicle and pedestrians.

A car accident is defined as a surchargeable at-fault accident if: The involved operator is more than 50 percent at fault, as determined by the Standards of Fault (see below); and. The vehicle is a private passenger automobile; and. The accident involves a claim payment of more than $500, in excess of any deductible; ...