Car Accident Lawyer Lowell Ma Kiley Law Group (2025)

FAQs

Can you sue for a car accident in Massachusetts? ›

While Massachusetts operates under a no-fault insurance system for car accidents, you can still sue for damages under specific circumstances, such as serious injuries, death, or pain and suffering.

Car owners can be liable for accidents, regardless of whether or not they were operating the vehicle during a crash. For example, parents who lend their cars to their kids may be liable for accidents, as might trucking companies that send drivers out on the road.

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).

The multiplier method is a common way of calculating damages for pain and suffering. Under this method, the financial losses you incurred will be multiplied by a number between 1.5 and 5. This number will be reached by assessing the extent of injuries you suffered and their impacts on your life.

How Is Fault Determined in Massachusetts? A driver is considered at-fault for an accident if the following requirements are met: The involved driver is more than 50% at fault, as determined by the Standards of Fault. The vehicle involved is a private passenger motor vehicle.

The operator of a vehicle subject to the Safe Driver Insurance Plan shall be presumed to be more than 50% at fault when operating a vehicle in the wrong direction on a travel lane, one-way street, or highway, and whose vehicle is thereafter in a collision with another vehicle.

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.

In Massachusetts, automobile insurance follows the car instead of the driver. This means that if your friend or family member caused the accident, your comprehensive and collision insurance and your property damage liability insurance will pay for the damages.

What is Accident Forgiveness? Insurance companies look at your record of accidents and moving violations when developing your automobile insurance premium. If your insurance policy has an accident forgiveness feature, the insurance company agrees not to factor an accident into the calculation of your premiums.

Insurance Increases After an Accident: Rates by State

Drivers in all states pay higher rates after an at-fault car accident. Massachusetts residents get hit by the biggest rate hike, an average increase of 101%.

What is considered a major accident in MA? ›

If a party is found more than 50% at-fault, and the damages paid out for the accident exceed $1,000, a surcharge will be assessed. If the damages are between $1,000 and $5,000 it is deemed a minor accident (three-point surcharge); if damages exceed $5,000, it is deemed a major accident (four-point surcharge).