Common Massachusetts Car Accident Questions
As personal injury lawyers, a sizeable portion of our case load are car accident cases. Through the years we have found there are some commonly asked questions from car accident victims. If you are the victim of a car accident case due to someone’s negligence, here are some answers to questions you may have:
What if the driver who caused the accident does not have insurance?
In this situation, you are not out of luck. Massachusetts requires uninsured motorist coverage. This is coverage you can look to if there is no bodily injury insurance in place. Keep in mind with these claims you cannot sue in court. What you can do is arbitrate the claim if a settlement cannot be reached.
What if the at-fault driver does not have enough insurance?
Similar to uninsured coverage, underinsured coverage is also mandatory in Massachusetts. This coverage is triggered if there is insufficient bodily injury coverage to cover your claim. Keep in mind though, you can only pursue underinsured coverage if the injuries and damages warrant it, and, if the underinsured limits exceed the bodily injury limits.
What if I don’t have insurance to pay my medical bills?
Don’t worry if you don’t have health insurance. Massachusetts is a no-fault auto insurance state. That means regardless of fault, anyone injured (with certain exceptions) can have their medical bills from the accident paid. Keep in mind these bills have to be reasonable and necessary. Also, the insurance company can refuse to may any medical bills they feel are not reasonable or necessary.
What if I was injured in a car accident while working?
In this situation, regardless if the accident was your fault or not, you may file a claim for workers compensation benefits in Massachusetts. If you were not at-fault, you can pursue a claim for bodily injuries with the insurance company that insures the at-fault driver.
I did not get immediate medical treatment but now I feel pain. Can I still make a claim?
Yes. Oftentimes injuries from a car accident due not come on right away. Oftentimes, a neck strain (whiplash), back strain, or other soft tissue injuries can take a few days to manifest. It is important not to delay too long though if you are in fact injured. Receiving prompt medical attention is very important.
Can I make a claim even if I did not break a bone?
Yes. Even if your injuries do not involved broken, or sometimes called fractured bones, and are relatively minor, you can still present a claim. Keep in mind Massachusetts law requires you to have at least $ 2000 in medical bills before you can make a claim for bodily injuries. If your bills are less than $ 2000, your reasonable and necessary medical bills will be paid, but you will not have a bodily injury claim to pursue.
What I am partially to blame for the accident?
Not to worry. Massachusetts is a comparative negligence state. That means as long as you are not more than 50% at fault for the crash, you can still file a claim for bodily injury damages, assuming your medical bills are at least $ 2000.
How much does a lawyer charge for these cases?
Nearly all auto accident lawyers in Massachusetts are not paid unless the case settles. This is called a contingency fee. Therefore the lawyer does not get paid unless he/she obtains for you a settlement. This system is great because it allows all people injured by personal injury to receive representation.
Should I speak to the car insurance adjuster that is calling me?
No. Do not speak to any insurance company adjuster that calls you after an accident, no matter what they try to tell you. Consult with a lawyer so you are informed about what your rights are, and what you may be entitled to for your case.
A Massachusetts car accident lawyer that can help you
If you have any questions about your accident, and need help, call us. The Law Office of Christopher Earley is a team of personal injury professionals and we are easy to talk to. We look forward to assisting you with your claim.