Why PIP Doesn't Cover Massachusetts Motorcycle Accidents (And How to Pay Medical Bills)
Under Massachusetts law, motorcyclists are strictly excluded from receiving the standard $8,000 in Personal Injury Protection (PIP) benefits. To pay your medical bills, you must rely on MedPay, your private health insurance, or pursue a bodily injury claim against the at-fault driver.
When you are injured in a standard car crash in this state, the law automatically provides Personal Injury Protection (PIP) to cover your immediate hospital bills and lost wages, regardless of who caused the accident. However, motorcyclists face a harsh legal reality. If you are struck while riding a motorcycle, the insurance adjuster will quickly inform you that PIP benefits do not apply to you. This unexpected gap in coverage can leave you facing massive debt while recovering from severe injuries. To navigate this complex insurance landscape, you can browse our United States lawyer directory to find a local attorney who understands motorcycle claims.
The Massachusetts PIP Exception for Motorcyclists
The exclusion of motorcycles from standard no-fault coverage is written directly into state law. Under Mass. Gen. Laws ch. 90, § 34A, the definition of a motor vehicle for the purposes of PIP explicitly excludes motorcycles. Lawmakers created this exception because motorcycles inherently carry a much higher risk of catastrophic injury, and providing standard PIP coverage would have drastically increased insurance premiums for all riders. Because you cannot access PIP, you must explore alternative routes to finance your recovery.
Understanding MedPay Limits
Since PIP is unavailable, the most immediate source of funds after a crash is Medical Payments coverage, commonly known as MedPay. This is an optional coverage you can purchase as an add-on to your motorcycle insurance policy. MedPay functions similarly to PIP; it pays for your medical expenses up to the policy limit, regardless of fault.
However, many riders choose the minimum limit of $5,000, which can easily be exhausted by a single ambulance ride and an emergency room visit. If your bills exceed your MedPay limits, the motorcycle insurance carrier will close your medical claim. To properly report the accident and trigger your MedPay benefits, you generally must file Form CRA-23, Massachusetts, Registry of Motor Vehicles, Motor Vehicle Crash Operator Report with your local police department and the Massachusetts Registry of Motor Vehicles, Boston.
Using Private Health Insurance
Once MedPay is exhausted-or if you declined to purchase it-your primary private health insurance (such as Blue Cross Blue Shield, Tufts, or Harvard Pilgrim) becomes responsible for your medical bills. You must present your health insurance card at the hospital just as you would for an illness. Many injured riders hesitate to use their health insurance, fearing premium hikes or believing the at-fault driver's car insurance should pay the hospital directly. However, standard auto insurance carriers will not pay your doctors on an ongoing basis; they only pay a single lump-sum settlement at the end of the case.
MassHealth and Medicare Liens on Motorcycle Settlements
If your medical bills are paid by a state or federal program like MassHealth (Medicaid) or Medicare, you must be extremely careful when resolving your case. Under Mass. Gen. Laws ch. 118E, § 22, MassHealth has an automatic statutory lien on any settlement you receive from the at-fault driver. This means they have the legal right to be reimbursed out of your settlement check for the money they spent on your accident-related care.
The process of negotiating and reducing these liens is complex. The legal precedent in Metropolitan Property and Cas. Ins. Co. v. Blue Cross and Blue Shield of Massachusetts, Inc., 451 Mass. 389 (MA Supreme Judicial Court 2008) illustrates the strict coordination of benefits required under state law. An experienced attorney can often negotiate with the Massachusetts Executive Office of Health and Human Services, Boston to significantly reduce the lien amount, leaving more money in your pocket.
Recovering Out-of-Pocket Costs Through Bodily Injury Claims
Because PIP is not available to cover your lost wages or out-of-pocket expenses, your primary avenue for full compensation is filing a bodily injury claim against the driver who hit you. Your attorney will compile all of your medical records, proof of lost income, and documentation of your pain and suffering to demand a settlement from the at-fault driver's bodily injury liability coverage. If the insurance company refuses to offer a fair settlement, your lawyer may file a civil lawsuit in a venue like the Suffolk County Superior Court, Boston or the Worcester County Superior Court, Worcester.
Typical Attorney Fees and Timelines
Most personal injury attorneys handle motorcycle crashes on a contingency fee basis, meaning you pay nothing upfront.
| Attorney Contingency Fee | 33.3% of the final settlement |
| MedPay Claim Processing | Usually handled for free by the attorney |
| Litigation Expenses (Filing fees, records) | Advanced by the law firm; deducted at the end |
Depending on the severity of your injuries, resolving a bodily injury claim can take anywhere from 6 months for a straightforward case to over 2 years if a civil lawsuit and trial are required.
Frequently Asked Questions (FAQ)
Why did my insurance agent say I don't have PIP?
State law expressly removes motorcycles from the definition of a motor vehicle for PIP purposes. It is legally impossible to purchase PIP coverage for a motorcycle in this state.
Do I have to pay back my health insurance from my settlement?
Yes. Most health insurance policies contain a subrogation clause that gives them the right to be reimbursed from your bodily injury settlement if a third party was at fault.
What is the minimum MedPay limit I can buy?
While MedPay is entirely optional, if you choose to purchase it, you can typically select limits starting at $5,000, though higher limits like $10,000 or $25,000 are highly recommended for riders.
Can the hospital bill the at-fault driver's insurance directly?
No. Auto insurance companies will not pay your medical providers directly as you incur bills. You must submit bills to your own health insurance or MedPay until the final settlement is reached.
How long do I have to file a lawsuit against the at-fault driver?
Generally, the statute of limitations for personal injury claims is three years from the date of the motorcycle crash, but you should not wait to consult an attorney.
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