Massachusetts PIP: Coverage, Deductibles, and Filing a Claim

Massachusetts PIP insurance, short for Personal Injury Protection, pays up to $8,000 per person for medical bills, a portion of lost wages, and related costs after a motor vehicle accident, no matter who caused the crash.1General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 34A Every car registered in the state must carry it.2Mass.gov. Basics of Auto Insurance Because Massachusetts is a no-fault state, your own policy handles these expenses first so you can get treatment without waiting for a liability determination.

Who PIP Covers

Four groups of people can collect PIP benefits under a Massachusetts auto policy: the policyholder and anyone living in their household, anyone driving the insured vehicle with permission, passengers (including guests), and pedestrians struck by the insured vehicle.1General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 34A Passengers who carry no auto insurance of their own still qualify. Coverage follows the vehicle, so it applies within Massachusetts and while you’re traveling temporarily in other states.

What the $8,000 Covers

The per-person limit covers three categories of expense, all drawing from the same pool.

Medical costs are the biggest category: hospital stays, surgery, X-rays, dental work, prosthetic devices, ambulance transport, professional nursing care, and funeral expenses if the accident is fatal. All treatment must be both reasonable and necessary, and expenses must be incurred within two years of the accident date.1General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 34A

Lost wages come next. PIP reimburses 75% of actual lost wages for the policyholder and household members, calculated from earnings in the year immediately before the crash. The insurer will ask you to authorize wage verification with your employer.3General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 34M One detail that trips people up: this 75% wage benefit applies only to the insured and household members, not to passengers or pedestrians covered under the policy.

The third category is substitute household services. If someone outside the policyholder’s household is injured and can no longer handle tasks like cleaning, childcare, or yard work, PIP can reimburse the cost of hiring help.1General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 34A Because all three categories share the same $8,000 ceiling, a claimant with heavy medical bills may have little left for wages or household help.

How PIP Works With Your Health Insurance

If you have both a health plan and a Massachusetts auto policy, PIP is always the primary payer for the first $2,000 in medical expenses. Your auto insurer pays that amount before your health plan is involved at all. After $2,000, PIP becomes secondary and your health insurance takes over as the primary payer.4Legal Information Institute. 211 CMR 38.05 – Order of Benefit Determination

Once your health plan is primary, you submit medical bills there first. If the health insurer denies a charge or leaves you with copays, deductibles, or uncovered procedures, the remaining PIP funds (up to the balance of your $8,000 limit) can fill the gap. That secondary layer is especially useful on a high-deductible health plan, where out-of-pocket costs after a crash can stack up fast.

ERISA Plans, MassHealth, and Medicare Supplements

Self-funded employer health plans governed by federal ERISA rules are exempt from Massachusetts coordination laws. The plan’s own documents control whether it defers to PIP or treats itself as primary, and some self-funded plans push primary coverage back to the auto insurer, which can rearrange the payment order entirely.5Mass.gov. Coordination of Benefits MassHealth and Medicare supplement plans sit outside the standard coordination framework too, so if you’re on either, your auto insurer may remain the primary payer past the $2,000 mark. Call both your health plan administrator and your auto insurer early to confirm who pays what.

PIP Deductible Choices

Massachusetts lets you elect a PIP deductible in exchange for a lower premium. The available amounts are $100, $250, $500, $1,000, $2,000, $4,000, and $8,000.3General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 34M You can apply it to yourself only or to yourself and your entire household. An $8,000 deductible effectively eliminates PIP, since it matches the full limit, so it only makes sense for someone with strong health coverage that already handles auto-accident injuries.

If you carry a solid health plan, a moderate deductible of $500 or $1,000 often pays off. If your health coverage is thin or carries a high deductible of its own, keeping PIP at zero deductible gives you the most protection.

Filing Your PIP Claim

Report the accident to your auto insurer as soon as you can. You have two years from the accident date to present a PIP claim, but waiting accomplishes nothing. The statute asks for a written description of your injuries, the treatment you’ve received and plan to receive, and any other information that helps the insurer determine what’s owed.3General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 34M

For medical expenses, gather every itemized bill and treatment record from each provider you’ve seen since the crash. Each charge needs to tie back to accident injuries, so records from unrelated office visits won’t help. For lost wages, you’ll authorize the insurer to pull your pay details from your employer for the year before the accident. Self-employed claimants need equivalent earnings documentation.

Submit everything through a method that creates a paper trail. Certified mail with return receipt is the traditional route; most insurers now also offer online portals for uploading documents and tracking claim status. Keep copies of everything you send.

Deadlines Your Insurer Must Meet

Two timing rules work in your favor. First, once the insurer receives notification of a disability from a licensed physician, it has 10 days to begin medical payments or send you a written explanation of why it won’t pay, with specific reasons.3General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 34M That 10-day clock is why your doctor’s written confirmation of injury carries so much weight.

Second, if PIP benefits that are due and payable remain unpaid for more than 30 days, you gain a legal right to sue the insurer in a contract action for the amounts owed.3General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 34M Insurers who drag their feet face not just the original payout but the cost of defending a lawsuit.

Independent Medical Examinations

Your insurer can require you to attend an Independent Medical Examination with a doctor it chooses. An unfavorable report often leads the insurer to cut off further PIP payments for additional treatment. Refusing to attend gives the insurer grounds to deny future benefits entirely, so cooperate with the scheduling even if it feels adversarial.

Suing the At-Fault Driver Beyond PIP

PIP handles the first layer of financial recovery, but Massachusetts also lets you step outside the no-fault system and sue the at-fault driver for pain and suffering if your case meets certain conditions. You qualify if your reasonable and necessary medical expenses exceed $2,000, or if your injury involves death, loss of a body part, permanent and serious disfigurement, significant loss of sight or hearing, or a fracture.6General Court of Massachusetts. Massachusetts General Laws Chapter 231 Section 6D

The $2,000 threshold is low enough that many crash victims clear it quickly with an emergency room visit and follow-up care. Clearing it unlocks a separate claim against the other driver for pain and suffering, additional lost income, and other damages PIP doesn’t touch. Every documented treatment dollar counts toward that threshold, which is one more reason to keep complete medical records from the start.

If Your PIP Claim Is Denied

Start with the written denial. The insurer has to give specific reasons for nonpayment, and sometimes a denial reflects a missing form or thin medical documentation rather than a real coverage dispute. Fix what you can and resubmit.

If the denial stands, the strongest option is the statutory right under Section 34M to sue the insurer directly in a contract action once benefits have gone unpaid for more than 30 days.3General Court of Massachusetts. Massachusetts General Laws Chapter 90 Section 34M You can also file a complaint with the Massachusetts Division of Insurance, which can review whether the insurer is complying with state regulations. The two-year filing deadline keeps running the whole time, so don’t let a denial sit while the clock does its work.