1.) Generally, what is involved in terms of insurance companies?
As a practical matter, if there are two vehicles involved in an accident there will be two insurance companies. Your car insurance company [the ‘PIP’ carrier] will generally take care of property damage, pay for medical bills and pay for lost wages. The car insurance company for the person who caused the accident [usually referred to as the ‘bodily injury’ insurer or ‘BI’ for short] will pay for your damages once the case is ready to settle or if the matter has to go to court and you win. There are a number of accident report forms and applications that you will receive from both your insurance company and the insurance company for the person who caused the accident. You should consult an attorney before sending any paperwork back to either insurance company because what you submit can have long term effects on the outcome of your case. The Law Office of Robert L. Noa [617-423-2228] has a ‘Free Consultation’ program to assist you.
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2.) Do I have the right to get my medical bills paid?
Yes; your own car insurance company will provide what are called ‘Personal Injury Protection’ [also called ‘PIP’] benefits. PIP benefits are provided by all Massachusetts automobile insurance policies. Each policy provides for up to eight thousand [$8,000.00] dollars in coverage for payment of medical bills and/or lost wage payments.
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3.) Do I have the right to be paid lost wages if I am disabled?
Yes; In addition to paying for medical bills the ‘PIP’ portion of your auto policy can pay up to 75% of your documented lost wages up to the maximum amount of coverage which is eight thousand [$8,000.00] dollars.
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4.) Do I have the right to claim money damages for ‘pain and suffering’?
Yes, as long as you meet one of several requirements set out in Massachusetts law. In order to make a claim for money damages you must:
A.) Have sustained an injury that leaves you with permanent disfigurement such as scarring, OR
B.) Have suffered a broken bone or fracture, OR
C.) Suffer injury that required medical care totaling more than $2,000.00 in cost, OR
D.) Results in a death
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5.) Do I have the right to get the damage to my car fixed?
Yes, your property damage can be repaired but how quickly this takes place can vary greatly depending on the type of insurance coverage you may, or may not, carry on your own automobile policy. Most people will carry ‘collision’ coverage for their car especially if it is a newer car that is in good shape. Assuming that you have ‘collision’ coverage your insurance company should step in and help to get your vehicle fixed quickly. If you do not, however, have ‘collision’ coverage the repairs to your vehicle may take longer. The insurance company for the person who caused the accident may step in and offer to pay the property damage if it is both clear that the person they insure caused the accident and everyone can agree on what the damage is worth. But if the answer to either or both those questions are unclear you may be stuck paying to repair your vehicle out of your own pocket until the answers can be had. For this reason it is suggested that having ‘collision’ coverage protection is a good idea even if you drive an older car.
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6.) What happens if I am a pedestrian or riding a bicycle?
If you are a pedestrian or bicyclist hurt by a driver who negligently operates their car your bills will be paid for by the insurance company for the vehicle that hits you if you do not have insurance coverage of your own. In this instance you will have one insurance company acting as both PIP and BI insurer.
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7.) What does ‘No Fault’ insurance mean?
Massachusetts has what is called a ‘no fault’ scheme of insurance coverage for motor vehicle accident claims. Simply stated what this means is that it does not matter who is at fault for causing an accident [‘no fault’] in terms of paying medical bills or lost wages at the beginning of a claim. Your own insurance company, or the insurance company for the vehicle you are riding in, will pay your lost wages and/or medical bills regardless of who is at fault for causing the accident.
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8.) Do I have to attend an ‘Independent Medical Examination’ [or ‘IME’] with a doctor that my own insurance company picks?
Yes, you must attend. Sometimes your own insurance company will have questions about how seriously you have been hurt in an accident. Your insurance policy is actually a written contract with the insurance company. The contract or policy provided by the insurance company, in essence, says ‘if you pay us a certain amount of money as a premium then we will pay out certain kinds of benefits on your behalf if you are hurt in a car accident’. That sounds innocent enough; a fair trade. But remember, insurance companies are in the business of making money. The more they pay out in claims the less they make in profit. And insurance companies do not pay claims because they are kind hearted. They pay because the policy [contract] says they are obligated to pay. So, in the policy is a provision that says if the insurance company wants you to be examined by one of their own, so called, medical experts you have an obligation to comply. If you fail to attend the examination the insurance company could suspend or terminate payment of benefits. The simple fact that your own insurance company is setting you up for an ‘IME’ exam means they question certain aspects of your claim. You should consult with an attorney to discuss your case before attending any ‘IME’ examination. The Law Office of Robert L. Noa [617-423-2228] has a ‘Free Consultation’ program to assist you.
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9.) What if I am partly to blame for causing an accident? Do I have any legal rights?
Yes. Massachusetts is called a ‘comparative negligence’ jurisdiction. What this means, at the bottom line, is this; you can be up to fifty percent [50%] at fault and still be able to claim money damages against the other person who caused the accident if you meet one of the requirements outlined in question number 4 above. Many times the way an accident occurs is not totally clear cut. But, what is clear is who is primarily to blame. If you have contributed to the accident but played a minor role then any recovery you may get will simply be reduced by that percentage of fault you played. For example; if you are found 25% at fault and the other driver is found 75% at fault and the total value of your case is ten thousand dollars then your actual recovery would be about seven thousand five hundred dollars.
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10.) Will my insurance premium go up if I am involved in a car accident?
No. This is why you pay premiums to an insurance company; to be financially protected if you are hurt in an automobile accident and have to make a claim for benefits. Similar to the answer given in question 9, as long as you are found to be fifty percent [50%] or less at fault your insurance premiums will not go up.
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11.) What if the person who hurts me was driving a car with no insurance coverage?
If you are injured because of the negligence of an uninsured motorist then your own insurance policy will step in and act as both PIP insurer and BI insurer. There is a portion of your Massachusetts automobile insurance policy that deals with ‘uninsured motorist coverage’. While the law does say that any car on the road has to carry insurance coverage there are many people that do not comply with the law. In these cases your own insurance should pay for your lost wages and medical bills and they will work to ‘settle’ the case with you when you conclude medical care. Your premiums will not go up if you make a claim for ‘uninsured motorist’ benefits.
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12.) What if I am hurt by a hit and run driver and I cannot identify who caused the accident?
The answer is the same for this question as it is for ‘uninsured’ drivers in question 11. If you are injured because a driver hits you and then flees’ from the scene without ever being identified then your own insurance should step in and adjust the claim on your behalf.
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13.) How long should it take my motor vehicle accident claim to resolve?
The best [and most honest] answer any lawyer can give to this question is ‘it depends’. As a practical matter the value of a persons’ claim cannot be accurately determined until they finish their medical treatment. Sometimes a person can recover within weeks and, at other times; it can be months or even longer depending on the severity of injury. The focus of things for any attorney in a personal injury claim should not be trying to settle or get into court quickly. The focus should be in making sure the client gets the best medical care possible so they can get better. Money is nice [we all need it to live] but your health is the most important thing to anyone’s long term security and well being. The right lawyer can help you to both ensure in the short term the medical recovery that is most important to your future and also protect your financial interest in being fully compensated, to the greatest extent possible, for the harm caused by the negligence of another driver.
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14.) Will I have to go to court to prove what my case is worth?
Like the answer to question 13, the best answer any lawyer can give to this question is ‘it depends’. There are quite a variety of factors that go into whether a motor vehicle accident claim will have to go to trial. These factors include things like; is the question of fault clear? What are the nature of the injured person’s damages? How much are the person’s medical bills? Does the person have permanent injuries from the accident? How much money is available through the insurance policies involved? Are all parties’ willing to discuss the matter reasonably or do they have unrealistic expectations? If you have questions about a motor vehicle accident claim you should consult with an attorney. The Law Office of Robert L. Noa [617-423-2228] has a ‘Free Consultation’ program to assist you.
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