Massachusetts follows what is known as no-fault insurance model. In a no-fault model, a driver who is injured in an accident must first file a claim against their own insurance company for injuries sustained in the crash. In some instances, no-fault insurance prevents the other driver from being taken to court in a personal injury lawsuit.
There are particular circumstances, however, in which an injured accident victim may file a claim against the other driver’s insurance company, including:
- The injured driver sustains at least $2,000 in reasonable medical expenses; or