Massachusetts Personal Injury Protection (PIP) Law
Personal Injury Protection (PIP) is a crucial component of motor vehicle liability insurance in Massachusetts. It provides benefits for medical expenses and lost wages to those injured in car accidents, regardless of fault. Here’s a breakdown of Massachusetts PIP law:
Who is Covered by PIP?
Every motor vehicle liability policy and bond issued or executed in Massachusetts must provide PIP benefits, except to the extent that these benefits may be modified, reduced, or eliminated by purchasing a deductible authorized by law.
Exemption from Tort Liability
Individuals covered by PIP, including the owner, registrant, operator, or occupant of a motor vehicle, and any person or organization legally responsible for their acts or omissions, are exempt from tort liability for damages arising from a covered accident. However, this exemption does not apply to accidents that occur outside of Massachusetts.
Claim Process and Benefit Payment
To claim PIP benefits, a written description of the injuries, treatment received and planned, and other relevant information must be submitted to the insurer as soon as practicable after the accident and within at least two years from the date of the accident.
Benefits are due and payable as the loss accrues, upon receipt of reasonable proof of the fact and amount of expenses and loss incurred. Insurers are required to commence medical payments within ten days of notification of disability from a licensed physician.
Subrogation and Recovery
Insurers paying PIP benefits are subrogated to the rights of the injured party to recover the amount of benefits paid. They may bring an action in tort against any party liable for damages in tort, but cannot reduce or limit the amount of liability insurance otherwise available to the injured person as a result of such subrogation.
Policy Endorsement Option
Insurers must offer policyholders the option to purchase a policy endorsement that allows for the deduction of certain amounts from PIP benefits. This deductible option ranges from $100 to $8,000, and the deductible amount is deducted from the benefits otherwise due to the policyholder or members of their household.
Conclusion
Massachusetts Personal Injury Protection (PIP) law is designed to ensure that individuals involved in motor vehicle accidents receive prompt and necessary medical treatment and wage replacement benefits, regardless of fault. Understanding PIP coverage is essential for anyone driving or riding in a motor vehicle in the state.
