I was injured in an auto accident. My car was parked in a Westwood shopping plaza and I was pulling something out of the trunk of my car and was hit from behind by another vehicle. I think my personal injury protection coverage will cover my medical expenses and days out of work, but I was wondering if I had a personal injury case against the driver of the other car?
Under Massachusetts law, the auto insurance company that issued the PIP (personal injury protection) insurance on the car you were in at the time of the accident will pay the first $2000.00 of your “reasonable and necessary medical bills”, regardless of who was at fault. In other situations where the injured party was not in a car, like when a pedestrian or a cyclist is hit and injured, the insurance company that insures the vehicle that struck the pedestrian or cyclist will pay $2000.00 of the reasonable and necessary medical bills incurred by the injured party. From that point, any medical bills beyond $2000.00 must be submitted to your private health insurance company for payment. When the health insurance coverage is drained, or if the injured party does not have health insurance coverage, then the PIP insurer remains on the hook for up $8000.00 per individual claimant. [Read more...]