Taunton Car Accident Attorney: What to Know About the Claims Process After a Crash in Massachusetts
If you've been in a car accident in Taunton, Massachusetts, you're dealing with a system that has its own specific rules — and those rules shape nearly every step of what follows, from how medical bills get paid to who handles your property damage claim to whether a personal injury attorney even enters the picture.
Here's how it generally works.
Massachusetts Is a No-Fault State — And That Changes the Starting Point
Massachusetts operates under a no-fault auto insurance system. That means after most accidents, your own auto insurance policy pays your initial medical expenses and lost wages through Personal Injury Protection (PIP) coverage — regardless of who caused the crash.
Under Massachusetts law, PIP covers up to $8,000 in medical costs and a portion of lost wages per person, per accident. This is your first-party coverage — you file with your own insurer, not the other driver's.
The significance: in a no-fault state, the at-fault driver's liability coverage doesn't automatically become your primary resource for medical bills. PIP activates first.
When Can You Step Outside No-Fault?
Massachusetts allows injured drivers to pursue a third-party liability claim against the at-fault driver — but only after crossing a legal threshold. That threshold is met if your medical expenses exceed $2,000, or if the injury involves:
- Bone fracture
- Permanent and serious disfigurement
- Loss of sight or hearing
- Death
This is called the tort threshold. Once crossed, you may be eligible to sue the at-fault driver for pain and suffering and other damages beyond what PIP covers. Not every accident crosses this line, and whether yours does depends on your documented injuries and treatment.
How Fault Is Determined After a Taunton Accident
Massachusetts follows a modified comparative fault rule. That means both drivers can share fault, and an injured party can still recover damages — as long as they are not more than 50% at fault for the accident. If you're found 20% at fault, your compensation is reduced by 20%.
Fault determination pulls from several sources:
- Police accident reports filed by Taunton or Bristol County officers
- Witness statements and traffic camera footage
- Insurer investigations conducted by adjusters
- Physical evidence including vehicle damage patterns and road conditions
Massachusetts also uses a Safe Driver Insurance Plan (SDIP) that can affect premiums based on fault determinations — even in cases where no lawsuit is filed.
What Damages Are Generally Recoverable?
| Damage Type | Description |
|---|---|
| Medical expenses | ER visits, imaging, surgery, physical therapy, ongoing care |
| Lost wages | Income lost during recovery (partially covered by PIP first) |
| Property damage | Vehicle repair or replacement — handled separately from injury claims |
| Pain and suffering | Non-economic damages; available only if the tort threshold is met |
| Future medical costs | Projected ongoing treatment costs in serious injury cases |
Property damage is handled through a collision claim (your insurer) or a third-party claim against the at-fault driver's liability coverage. These run on a separate track from injury claims.
How Medical Treatment Fits Into the Claims Process
Documentation matters more than most people realize. Insurers — on both sides — look at:
- Whether treatment was consistent and timely after the accident
- Whether your treatment records connect injuries to the crash
- Gaps in care, which can be used to argue recovery was complete
After a Taunton crash, many people seek initial care at Morton Hospital or through urgent care, then follow up with specialists. That follow-up care — and the records it generates — often becomes central to how a claim is valued.
How Attorneys Typically Get Involved 🔍
Personal injury attorneys who handle car accident cases in Massachusetts almost always work on a contingency fee basis. That means no upfront cost — the attorney takes a percentage of any settlement or court award, typically in the range of 33% pre-litigation, sometimes higher if a case goes to trial.
Attorneys typically handle:
- Communicating with insurers on your behalf
- Gathering medical records, bills, and employment documentation
- Calculating total damages and preparing a demand letter
- Negotiating settlements or filing suit if necessary
People commonly seek legal representation when injuries are serious, when fault is disputed, when insurers are minimizing claims, or when the other driver was uninsured.
Uninsured and Underinsured Motorist Coverage in Massachusetts
Massachusetts requires insurers to offer Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. If the at-fault driver has no insurance — or not enough to cover your damages — your own policy's UM/UIM coverage becomes relevant.
Subrogation is also a factor: if your insurer pays your PIP benefits and you later recover money from the at-fault driver, your insurer may have the right to reclaim some of what it paid.
What the Timeline Generally Looks Like
Straightforward property damage claims can resolve in weeks. Injury claims involving ongoing treatment often take months — sometimes longer if litigation is needed or liability is seriously disputed.
Massachusetts has a statute of limitations for personal injury claims, meaning there is a legal deadline by which a lawsuit must be filed. Missing that window generally forecloses the option to sue. The specific deadline applicable to your situation depends on case type and circumstances.
How all of this applies to your specific accident — your injuries, your coverage, the other driver's policy, and how fault gets assigned — is exactly what varies from one case to the next. The framework above reflects how Massachusetts generally handles these claims. Whether it fits your situation is the question that matters most.
