Articles Posted in The Massachusetts Auto Insurance Claims Process

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Many people decide to take a stab at handling their automobile accident claim without an attorney.  That usually turns out to be a bad idea. 

Why would an insurance company be concerned about you suing their insured (the person or company that injured you and whom they insure) when you are not a lawyer?  Why would an insurance company pay you fair and reasonable compensation for your injuries when they know you don't have the leverage that an experienced attorney provides?  Why would an insurance company not try to trick you since you don't regularly handle personal injury claims? 

If you, or someone you know, has been injured in a car accident, call my office right now at 617 338 7400 or email me at cearley@chrisearley.com for a completely free, no obligation consultation.  My office does not get paid unless your case settles or wins in court.

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Don’t Have a Lawyer and the Insurance Company is Contacting You?

Each and every day Massachusetts auto insurance companies, upon learning of an auto accident in which they may have to pay out money damages, will contact you.  They will send an insurance adjuster to the home of the injured party and attempt to have him/her sign a release. The insurance adjuster shows up, big smile, and explains there is no need to get a lawyer. Then, as is very common, the adjuster will offer some small money, maybe $500, maybe $1000, to the injury victim in order to settle the case as quickly as possible.

This scenario gets me upset – and I see it all the time – because most people, after an accident, don’t know their rights, unless he/she first speaks with an auto accident attorney. The insurance adjuster know this, and capitalizes on it, in order to save the insurance company money (better for the insurance company to get rid of case fast before it has to pay out much more money when an attorney becomes involved in the case). By signing a release without first speaking with an attorney basically guarantees that you are severely limiting your rights and potential compensation.

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One of the first questions I ask a potential personal injury client is whether he has made any claims in the past. Whether it be a motor vehicle accident, slip and fall or some other claim, it is important for me to know this information. The reason is that the claims adjuster and the defense attorney (if the claim goes into suit) has access to a claims index. If you have made claims in the past, they will appear in the claims index and will come up on a search.

Therefore, before meeting with your attorney for the first time, think back to any claims you have made in the past and write them down on a piece of paper. Write down the approximate date of the accident, the type of accident it was, and any injuries you suffered as a result.

It is better that your attorney learn of these accidents at the beginning of the case, rather than during your deposition when the defense attorney will be sure to bring them up to weaken your case.

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No, you can get treatment (chiropractor, physical therapy, hospital) whenever you want to following an auto accident in Massachusetts.  But, it is wise to get treatment as soon as the pain, soreness and tightness (common symptoms of sprains and strains) begins.  The main reason you should not wait is your body needs medical attention as soon as possible following the physical trauma of a car accident.  The other reason it is important not to delay treatment is the insurance adjuster is going to claim that since you waited to receive treatment, you really could not have been injured in the accident. 

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No, you can get treatment (chiropractor, physical therapy, hospital) whenever you want to following an auto accident in Massachusetts.  But, it is wise to get treatment as soon as the pain, soreness and tightness (common symptoms of sprains and strains) begins.  The main reason you should not wait is your body needs medical attention as soon as possible following the physical trauma of a car accident.  The other reason it is important not to delay treatment is the insurance adjuster is going to claim that since you waited to receive treatment, you really could not have been injured in the accident. 

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I found this over at Yahoo.com and thought I would share this very valuable information with my readers.  Here is the article:

10 Things Your Auto Insurer Won't Tell You

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I found this over at insurance.com which discusses some of the factors insurance companies look at when determining your premium:

Factors you CAN’T change that impact your auto insurance rates:

  • Your age
    Dick Clark and Sophia Loren notwithstanding, aging is unavoidable. And while you may be a mature-looking teen or a youthful octogenarian, the oldest and the youngest drivers are far more likely to have accidents.
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I found this over at insurance.com which discusses some of the factors insurance companies look at when determining your premium:

Factors you CAN’T change that impact your auto insurance rates:

  • Your age
    Dick Clark and Sophia Loren notwithstanding, aging is unavoidable. And while you may be a mature-looking teen or a youthful octogenarian, the oldest and the youngest drivers are far more likely to have accidents.
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If you have had this misfortune, here is some information that you need to know about.

Passengers involved in Massachusetts auto accidents face two main issues.  First, how do medical bills get paid?  Passengers who are involved in Massachusetts auto accidents will have up to $8000.00 in medical bills and lost wages paid under Personal Injury Protection (PIP) benefits.  The injured passenger would make a claim for PIP benefits under the automotive insurance policy purchased by the owner of the vehicle in which the passenger was injured.  It is important to claim PIP benefits immediately after the accident, as there is a short window to claim such benefits.

The second issue is how to pursue a bodily injury claim.  This claim will be made against the driver who was at fault for the accident.  If the driver of the vehicle in which you were a passenger caused the accident, then you would make your bodily injury claim against his/her policy.  On the other hand, if the Massachusetts auto accident was caused by the negligence of a third-party, then you would make a bodily injury claim with that driver's insurance company.

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