Car accident rates are growing by the day. According to a recent study, 61 drivers out of 1000 vehicle operators have been involved in incidents in 2024. Moreover, 8% of all injury-related hospital stays were direct aftermath of a vehicle accident. Considering the odds, the notion of Personal Injury Protection coverage is more pressing than ever.
This type of coverage is mandatory only in some states of the USA, but navigating the web of PIP claims is anything but easy. Usually, it takes expert assistance from a seasoned personal injury protection attorney to untangle all the knots and recover all the losses and expenses.
- What Is Personal Injury Protection?
- Meet our team!
- What Damages Are Covered by the PIP Insurance in Massachusetts?
- How Do You File a PIP Claim in Massachusetts?
- Statute of Limitations for PIP Cases in Massachusetts
- PIP Claim Lawyer Near Me
- What Should You Do if Your PIP Claim is Denied?
- Can You Appeal a Denial of a Personal Injury Protection Claim?
- Client Reviews
- How Can a Boston PIP Lawyer Help You with Your Claim?
- Contact Our PIP Claim Lawyers Today!
- 30-Day, Risk-Free Guarantee
What Is Personal Injury Protection?
Personal Injury Protection is a mandatory part of auto insurance coverage in Massachusetts. The policy ensures that car victims receive state-approved financial coverage regardless of who’s at fault in the incident. There are twelve states in America that stick to a ‘no-fault’ insurance system and Massachusetts is one of them.
Aside from the policyholder, the PIP insurance policy covers a car driver and passengers as well. Moreover, if you’ve been injured outside of your vehicle — walking the streets or riding a bike — you still can claim the coverage.
Across different states, there are varying policy limits. They start from $5K per person and can go up to $50K per holder. However, you must understand that personal insurance protection does not cover extremely severe cases when financial expenses will surely exceed the approved limit.
Sometimes, things get complicated, and the insurance company denies the claim even if a person holds valid PIP insurance. In cases like that, you need a skilled PIP lawyer to help you negotiate with the provider and recover the compensation you are due.
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What Damages Are Covered by the PIP Insurance in Massachusetts?
In Massachusetts, Personal Injury Protection (PIP) insurance is a mandatory coverage designed to help accident victims recover financial losses caused by injuries, regardless of fault. With a coverage limit of $8,000, PIP provides essential financial support for injured parties facing expenses due to an accident. Massachusetts accident victims can claim three main types of damages under PIP benefits, focusing on reimbursing monetary losses resulting from the incident. These damages include:
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Medical expenses
The cost of medical treatment usually makes up the major part of the financial losses inflicted on an injured person. If you’ve been in an accident and you hold PIP coverage, you can file a claim to recover your medical bills.
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Lost wages
In some cases, people who’ve been in a car crash need to spend some time off work to heal and recover. In Massachusetts, it is possible to recover around 75% of your weekly wages for as long as 52 weeks from the date of the accident.
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Replacement services
If your injury affects your ability to carry out daily activities necessary for living a quality life, including but not limited to child care, housekeeping, and related activities, the insurance should fully reimburse the costs of for-hire service providers.
How Do You File a PIP Claim in Massachusetts?
Since Massachusetts is one of the ‘no fault’ states, the process of filing a personal injury protection request is pretty basic and straightforward:
- Seek medical assistance: Your health and well-being are of the highest priority. That is why you should get professional medical attention as soon as possible. Besides, official medical records, prescriptions, and receipt will serve as a solid proof in the future personal injury case.
- Notify the insurer: After you’ve been in an accident, you should contact your insurance company as soon as possible. When you report the incident, the policy provider may provide additional information on how to proceed with your claim.
- Gather evidence: Although PIP benefits are a mandatory part of your policy, some insurance companies may try to question your injuries to minimize the payouts. To avoid that, you should gather all documents, records, and receipts that prove your expenses, lost wages, and other costs you want to recover.
- File the claim: Each insurer has a special form to fill out to initiate the compensation recovery. You have to complete any form provided, including all the required details, so that your claim does not get denied.
- Consult a PIP lawyer: Some cases are incredibly complicated to deal with on your own, especially if the sustained damages are exceptionally severe. Fatal accidents, loss of limb, serious mental impact, and related losses should be discussed with a legal advisor.
Statute of Limitations for PIP Cases in Massachusetts
A statute of limitation is a government-approved deadline for a personal injury claim application. Each state has the right to define the timeframe within which an injured victim has to file their claim to recover compensation.
In Massachusetts, the limit is three years from the date of the incident. If an injured party fails to file their request within the stated time, they may lose their right to claim personal injury protection benefits. However, there may be certain exceptions depending on the circumstances of the accident. A trained PIP lawyer can inform you of those based on the details of the case.
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What Should You Do if Your PIP Claim is Denied?
There are cases when insurance companies decide to deny personal injury protection coverage. They may use different reasons for the denial. For instance:
- Policy limitations: If your medical expenses exceed the official limit, the insurer may deny the payouts. Besides, such medical conditions as pain and suffering aren’t covered by PIP insurance.
- Questionable traumas: An insurer can dispute the severity of your injuries, question whether you actually require medical or any other assistance, or claim that the sustained injuries stem from a pre-existing condition.
- Insufficient proof: Missing paperwork or a lack of reliable evidence can serve as a solid background for rejection.
- Compromised deadlines: A victim who wants to recover reimbursement for their injuries outside the three-year timeframe may be denied the settlement.
There may be other conditions that prompt the denial, but no matter the reason that an insurance company uses to reject your request, you can still appeal it. Take these steps to protect your rights:
- Start with examining the denial notice. Try to determine and understand the outlined reasons for rejection. No provider can deny a claim without stating why they choose to do so.
- Contact the insurer to clarify the conditions if you don’t understand something.
- If the notice states a lack of evidence, access additional proof to support your case.
- Issue an appeal claim.
Can You Appeal a Denial of a Personal Injury Protection Claim?
Any injured party whose PIP claim has been rejected can and should appeal the denial. If you’ve tried resubmitting the claim, supported by additional documents, but the insurance company refuses to pay, you can file an official complaint with the Massachusetts Division of Insurance.
Furthermore, you can take your case to court and file a lawsuit against the insurance provider. While these actions may feel a little overwhelming, especially to a person with little or no legal background, a well-versed PIP lawyer can be of great help. Professional personal injury protection attorneys will help you strengthen the case so that you receive the reimbursement you deserve.
Client Reviews
Michael Kelly Injury Lawyers is a group that is totally dedicated to excellence and efficiency. I was very grateful for the regular communication about my case and for the genuine way I was cared for throughout the process. When I called, anyone who answered always directed me to the correct person I needed to talk to, and it never felt like a problem to stay in touch with the folks working on my case. Definitely recommend to anyone with a wrongful injury who wants a tenacious team that will fight for them!
Gwyneth Jones Moreno
How Can a Boston PIP Lawyer Help You with Your Claim?
A personal injury protection lawyer often possesses more advantages than just field-related legal expertise. Here is what you can get:
- PIP law guidance: A trained PIP attorney knows all the intricacies of local laws and regulations that concern insurance policies and other aspects of the case.
- Timely application: Not only do experienced lawyers know the state-approved deadlines, they are well aware of all the documents necessary for a successful outcome. Moreover, your legal advisor can file a claim on your behalf while you fully focus on recovery.
- Evidence assessment: Most legal representatives are willing to gather missing pieces of evidence, even from medical providers, and add them to the file to build a solid case.
- Insurance negotiations: Seasoned attorneys know how to negotiate with insurance adjusters. They are aggressive and persistent enough to ensure a desired outcome.
- Denial appeals: If your case gets turned down by an insurance provider, a legal assistant will help you figure out why and resubmit the claim.
- Maximum settlements: While a victim, unknowingly, may accept the minimal offer from the insurer, a trained PIP lawyer ensures that you deflect lowball offers and settle for rightful compensation instead.
- Litigation support: Some cases can only be resolved in court. A committed PIP attorney will go with you to trial and represent your best interests until you receive a fair settlement.
Contact Our PIP Claim Lawyers Today!
Handling a personal injury protection claim on your own can be overwhelming, especially while recovering. With years of experience, Michael Kelly Injury Lawyers understands the Massachusetts insurance system inside out, backed by a proven track record of success.
Contact us if you want to receive the fairest settlement available. Our PIP attorneys have zero tolerance for denied claims and delayed payments! Additionally, understanding how health insurance interacts with PIP benefits can be crucial to maximizing your compensation!
Take the first step toward justice, and call us today for a free consultation!
