What Happens if I’m Hit by an Out-of-State Driver in Massachusetts?

Massachusetts abides by a “no-fault” car insurance system. This means that after an accident, you will initially turn to your own insurer for coverage regardless of who caused the crash. However, if you suffered a serious injury as a result of your collision, then you may be able to sue the at-fault motorist for damages you sustained.

If you were hit by an out-of-state driver, they may still be held accountable for your losses. However, the process for pursuing your potential claim can be complicated. The team at our law firm is prepared to help navigate the complexities of such a case. We will work diligently to protect your rights and negotiate for the full extent of payment you are owed.

In the aftermath of your accident, seek support from our experienced Massachusetts personal injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407.

Recovering Payment for an Accident with an Out-of-State Driver in Massachusetts

If you are hit by an out-of-state driver in Massachusetts, it’s essential to understand the legal and procedural aspects that come into play.

First, Massachusetts follows a “no-fault” car insurance system, which means that regardless of who is at fault in your accident, you will typically turn to your own insurance coverage to handle certain medical expenses and other losses. However, if you suffered a serious injury, then a claim against the at-fault motorist may be pursued. If the at-fault motorist is from another state, this situation can become more complicated.

If an out-of-state driver causes your accident, your first step is to seek medical attention and report the accident to local police. This will help create an official record of the crash. It’s also crucial to exchange insurance and contact information with the out-of-state driver.

From a legal standpoint, pursuing a claim against the out-of-state driver can be more challenging because their insurer might not be familiar with our state’s laws. Fortunately, our Wakefield car accident attorneys can help you navigate the complexities of such a case.

When seeking payment, we may be able to work with the out-of-state driver’s insurance company to negotiate a settlement for your damages. However, if a fair settlement cannot be reached, then we may need to file a lawsuit in a Massachusetts court to protect your rights. This process can be intricate. Having our legal professionals by your side can be highly valuable when fighting for the damages you are owed.

Where Do You File Your Case if You Are Hit by an Out-of-State Driver in Massachusetts?

If you are hit by an out-of-state driver in Massachusetts and need to file a potential lawsuit, you would typically file your case in a Massachusetts state court. This is because the accident occurred within the state’s jurisdiction, and Massachusetts has the authority to handle legal matters related to the accident. Fortunately, our legal team can help file your lawsuit in the appropriate Massachusetts court.

How Long Do You Have to Sue if You Were Hit by an Out-of-State Driver in Massachusetts?

As previously mentioned, if you are bringing a claim against an out-of-state driver who caused your accident in Massachusetts, then you should bring your case to a Massachusetts state court.

The time limit to file a car accident lawsuit in our state is governed by Mass. Gen. Laws Ch. 260, § 2A. Generally, you will have to bring your claim to court within three years of the date your crash happened. Noncompliance with this deadline may cause you to miss your opportunity to recover important compensation.

Despite potentially having years to file your claim, you should still begin working on your car accident lawsuit as soon as possible after the collision. The more quickly you begin building your case, the more efficient the evidence collection process will be. If you wait to file your lawsuit, then you may allow important evidence to deteriorate or be misplaced.

Examples of Injuries that May Result from Crashes with Out-of-State Drivers in Massachusetts

Accidents with out-of-state drivers may involve a wide array of painful and debilitating injuries. If you suffered any of the following as a result of your collision, then you may be entitled to compensation:

Whiplash

Whiplash is a neck injury caused by the sudden back-and-forth motion of the head and neck, often occurring in rear-end collisions. Symptoms may include neck pain, stiffness, and headaches. Treatment can involve rest, physical therapy, and pain management techniques.

Fractures

Fractures are common in car accidents and can involve broken arms, legs, or ribs. The impact of the collision or the deployment of airbags can cause these fractures. Treatment depends on the severity and location of the fracture and may include casting, splinting, or surgery.

Traumatic Brain Injuries

A traumatic brain injury can occur when the head experiences a sudden jolt or impact during an accident. Symptoms can range from mild concussions to severe brain damage. Treatment for traumatic brain injuries may involve rest, rehabilitation, and in severe cases, surgery or long-term care.

Spinal Cord Injuries

High-impact accidents can result in spinal cord injuries, which can lead to paralysis or loss of sensation. Treatment options include surgery, physical therapy, and assistive devices to improve mobility and function.

Soft Tissue Injuries

Soft tissue injuries, such as sprains and strains, often result from sudden jerking movements during a collision. Treatment typically involves rest, physical therapy, and anti-inflammatory medications.

Internal Injuries

Blunt force trauma in accidents can cause internal injuries like organ damage or internal bleeding. Prompt medical attention is crucial for diagnosis and treatment, which may involve surgery or other interventions.

Burns

Finally, in cases where vehicles catch fire or there’s exposure to hot surfaces or chemicals, burns can occur. Burns are categorized by degrees, with more severe burns requiring specialized treatment, including skin grafts and wound care.