In a perfect world, when you’re not at fault for a crash, the other driver takes blame, their insurance pays your claim and you get fair compensation for car damage and injuries. But reality often looks quite different. Many times, the driver who caused the crash denies it, either right after the crash or later when talking to insurance.
This can feel stressful, especially when you are left with mounting medical bills and repair costs. That’s when it becomes important to know your next steps to protect your rights when the other driver denies fault in Massachusetts.
Document everything at the scene
The at-fault party will do everything possible to avoid liability. Prepare for this possibility when you find yourself in an accident. Doing what you can control at the accident scene can be crucial for protecting your interests. If you can, gather evidence after the crash – take pictures, get witness contact information and write down the other driver’s details.
Massachusetts is a no-fault state with Personal Injury Protection (PIP) coverage for your first medical bills. Still, your documentation matters for three important reasons:
- Pursuing claims beyond your PIP limit
- Recovering vehicle damage costs
- Seeking compensation for pain and suffering (for serious injury cases)
If the other driver initially admits fault but later changes their story, your evidence becomes your strongest asset in showing the truth and getting rightful compensation.
Report the accident to your insurance company
Be sure to report the full circumstances to your insurance company right away, even if you’re using your PIP coverage. Your PIP pays up to $8,000 for medical bills, no matter who caused the crash.
But when the other driver is clearly at fault, you shouldn’t have to rely solely on your own coverage. It’s still important to gather as much evidence as you can for when your insurance company negotiates with the other driver’s insurer.
Consult a legal professional
PIP coverage has its limits for serious accidents. If your injuries exceed the $8,000 PIP limit or meet Massachusetts’ “serious injury” standard (including broken bones, permanent disfigurement or medical bills over $2,000), you can seek coverage for that through a claim or lawsuit against the at-fault driver.
An attorney familiar with Massachusetts personal injury laws can teach you about the state’s modified comparative negligence system and help you receive fair compensation when the other driver refuses to accept responsibility.
They can also help you meet important legal requirements, like filing the mandatory crash report with the Registry of Motor Vehicles within five days if there’s injury, death or more than $1,000 in property damage.
