In Massachusetts, the laws and statutes concerning motor vehicle accidents are quite complex and subject to frequent change. Accordingly, the process of recovery for resulting personal injuries has become quite complicated. It requires a complete understanding of the various existing coverage in your automobile insurance policy as well as a working knowledge of how they apply to the facts of your accident. Many of these coverages are mandatory in Massachusetts; others are only available should you elect to purchase additional coverage. Even if you are not at fault, you still may have the right to a recovery depending on which of these mandatory coverages apply and the extent of the other benefits in your policy.
Claims
Insurance companies always have an advantage over persons seeking to make claims. The insuer's intention is to pay as little as possible on any particular claim; and the insurer has tremendous resources it will employ to fight claims, discredit claimants, and dispose of claims for less than value. If you have been injured in an accident and believe your injuries are the result of another person's negligence, call a competent attorney as soon as possible.
Personal Injury Protection - PIP Benefits
This coverage is commonly referred to as "No Fault" insurance. It is available for all motor vehicles except motorcycles and certain recreational vehicles. If you are injured in a motor vehicle accident, PIP may pay medical or funeral bills and 75% of lost wages up to the statutory maximum of $8,000.00 for each injured person. These benefits are available for two years after the accident. Under the new law, however, your regular health care provider may be responsible for certain medical bills once the PIP insurer has paid the first $2,000.00 in accident-related medical bills. To obtain PIP benefits, the appropriate application and supporting documents must be prepared and filed with your insurance company.
Medical Payments
This coverage is not mandatory and can be obtained in various amounts as optional coverage. It applies to all those who are injured in your auto on a per person basis. It will pay for medical and funeral expenses up to the policy coverage. These benefits are in addition to the medical payment under PIP allocation and usually are used in conjunction with other health plan policies that you may have. To increase the total aggregate of our medical coverage, you should exhaust the benefits available in your auto policy before using other health insurance.
Bodily Injury
Every automobile registered in Massachusetts must have the minimum statutory coverage of $20,000.00/$40,000.00 and there is optional coverage available for higher limits. This means that the insurance company of the individual at fault will pay up to $20,000.00 to each injured person; but in no event will there be a payment greater than $40,000.00 for all who have been injured in the same accident. This recovery is for lost wages, pain and suffering, and medical expenses. Payment under this section of the auto policy is not automatic; the negligence of the person at fault must be determined and certain other statutory requirements must be met.
Underinsurance Coverage
This coverage is applicable when benefits under the bodily injury portion of the policy have been exhausted, and the severity of the injury sustained warrants a higher monetary recovery. This coverage is not required by law. It is optional. It is important that you ask your insurance agent to secure this coverage for you. We strongly suggest that you purchase the highest possible limits on both underinsured and uninsured motorist coverage. This is particularly important because multiple insurance policies can no longer be "stacked." Also, the insurer is entitled to an offset against underinsurance coverage for any prior payments made to you for your bodily injuries.
Uninsured Coverage
This is similar to bodily injury coverage in that both coverages have the same minimum statutory limits and are required by law. As with most insurance, higher benefits can be optionally purchased. The benefits under this section can prove to be invaluable in the event that you are injured by a hit-and-run vehicle or by someone who has no auto insurance whatsoever. When this happens, the uninsured coverage of your own auto policy and those of your household members may become available to supply these needed benefits.
Motor Vehicle Accidents
Cases arising out of automobile accidents are by far the most common type of personal injury case. These cases are typically governed by the law of negligence. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay damages for harm to a person or property caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries. In Masachusetts, we have a comparative negligence system whereby the parties involved in an accident may be found to be responsible for damages on a percentage basis. A party who is found to be 51% or more at fault for an accident has no right to recover. A plaintiff who is found to be 50% or less at fault will have his damages reduced by the % that party is found to have contributed to his own injuries and damages. For example, a plaintiff whose damages are found to be $10,000.00 will have that amount reduced to $7,000.00 in the event that the plaintiff is found to be 30% at fault for the accident.
In Massachusetts, the rules of the road are defined in Massachusetts General Laws, Chapter 89. Some of the factors used to determine fault include the following:
-disobeying traffic signs or signals;
-failing to signal while turning;
-driving above or below the posted speed limit;
-disregarding weather or traffic conditions;
-failing to drive on the right side of the road; and
-driving under the influence of drugs or alcohol.
If you have questions regarding a motor vehicle accident in which you were involved, call:
The Law Office of Luke Sweeney
157 Belmont Street
Brockton, Ma. 02301
Tel: 508-588-3010
Fax: 508-584-8524