Getting hurt as a passenger creates an incredibly confusing situation. You trusted someone to drive safely. Now you’re injured, dealing with medical bills, and maybe you’ve missed work. But passengers have strong legal protections in Massachusetts. You typically have several paths forward for getting compensated.
Who Actually Pays For Your Injuries
When you’re a passenger, you’re in a unique spot. You almost certainly didn’t cause the accident. That’s important because it means you have more options than the drivers involved.
You can go after:
- The driver of the car you were in, if their negligence caused it
- The other driver, if they were at fault
- Both drivers, when they share responsibility
- Sometimes your own insurance policy
Massachusetts uses what’s called modified comparative negligence. But honestly, that rarely matters for passengers. Insurance companies can’t really claim you contributed to causing the crash when you weren’t driving. That puts you in a stronger position during negotiations.
What You Can Recover
Medical expenses come first. Everything from the ER visit to physical therapy months later. Fogelman Law LLC works with injured passengers to document every single treatment cost because insurance companies love to claim things weren’t necessary.
Lost wages matter just as much. If you couldn’t work because of your injuries, that income needs to be replaced. Not just your base salary, bonuses you would’ve earned, and commissions. Any employment benefits you lost while recovering.
Then there’s pain and suffering. This covers your physical discomfort, the emotional toll, and how your life has been disrupted. Massachusetts law recognizes that getting hurt affects way more than your finances. It affects everything. You can also claim property damage. Maybe your laptop got destroyed in the crash or your phone. Whatever personal items you had with you.
The No-Fault System Explained
Massachusetts requires something called personal injury protection on every auto policy. PIP coverage, people call it. This gives you up to $8,000 in immediate benefits for medical costs and lost wages, and it doesn’t matter who caused the accident.
As a passenger, you can tap into PIP through the car you are riding in. Or your own policy if you have one. The advantage is that PIP pays quickly without anyone needing to prove fault. That helps when bills start piling up. But $8,000 doesn’t go far when you’re seriously hurt. Once your damages exceed that amount, you can step outside the no-fault system and file a claim against whoever caused the crash.
Multiple Drivers Can Be At Fault
Some accidents involve mistakes from both drivers. Maybe your friend ran a red light, but the other guy was going 60 in a 30. When that happens, Massachusetts law lets you recover from both drivers based on how much each one contributed to causing it. This can actually work in your favor. You’re not stuck picking just one driver to pursue. A Waltham car accident lawyer can look at what both drivers did wrong and figure out the best way to maximize what you recover.
When It’s Someone You Know
Filing a claim against a friend or family member feels awful. Most passengers hesitate because they don’t want to ruin the relationship or cause them financial problems. You’re claiming their insurance policy, not suing them personally. That’s what car insurance exists for, to cover situations exactly like this. Your friend or family member typically won’t pay anything out of pocket unless your damages exceed their policy limits. Most people carry insurance specifically because they want that protection if they accidentally hurt someone, even someone they care about.
What You Need To Do Now
Documentation matters more than anything else in passenger injury cases. Get medical attention right away, even if you think you’re fine. Adrenaline hides pain. Some injuries don’t show up for hours or even days. But medical records from the day of the accident prove the connection between the crash and what you’re dealing with now.
Keep records of every medical appointment, every prescription, every therapy session. Save receipts for everything related to the accident. Cab rides to doctor appointments count. Over-the-counter pain medication counts. Take photos of visible injuries and keep taking them as you heal. If you can, gather information at the scene, like the police report number, insurance details from all the drivers, and names and contact information for witnesses. A Waltham car accident lawyer uses all of this to investigate what happened and build your case properly.
Don’t Accept Less Than You Deserve
Passengers injured in Massachusetts car accidents have rights. Insurance companies will try to minimize your claim because that’s their job. They’ll delay payments, hoping you’ll get frustrated and accept whatever they offer. You don’t have to deal with that alone. Talk to an attorney about what happened and what your options are for getting the compensation you actually need to move forward.
