Process of PIP in Ma with 8000 deductible when not at fault

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Process of PIP in Ma with 8000 deductible when not at fault

I Was in a car accident where someone hit me
from behind on the highway. I was injured and
it was there fault. I have an 8000 deductible
on my pip. What happens if im filing for pain
and suffering and i was not at fault but have
a 8000 deductible?

Asked on February 1, 2017 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you sue the other driver (whick is the only way to get compensation if he ir his insurer do not voluntarily offer you any) and can prove his fault in court, you can potentially recover: out of pocket medical costs (anything you personally pay, like a deductible); lost wages, if any; any costs to repair your car not covered by your own insurance (or its value, if totalled and not paid by insurance); other out of pocket costs (e.g. a rental car, while yours is being fixed); and for serious or significant life impairment or disability lasting many weeks.or months or longer, some amount for "pain and suffering." Note that to win pain and suffering in court, you will need to hire a medical expert to write a report and testify about the cause, nature, extent, and prognosis for your injuries. And again, if compensation is not voluntarily offered, you would have to sue; there us no other way to get compensation.


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