Motor Vehicle Accident Frequently Asked Questions
Questions often asked by those hurt in motor vehicle accidents caused by other drivers’ negligence include:
- Generally, what is involved in terms of insurance companies?
- Do I have the right to get my medical bills paid?
- Do I have the right to be paid lost wages if I am disabled?
- Do I have the right to claim money damages for pain and suffering?
- Do I have the right to get the damage to my car fixed?
- What happens if I am a pedestrian or riding a bicycle?
- What is no fault insurance?
- Do I have to attend an Independent Medical Examination (IME) with a doctor whom my own insurance company picks?
- What if I am partly to blame for causing an accident? Do I have any legal rights?
- Will my insurance premium go up if I am involved in a car accident?
- What if the person who hurts me was driving a car with no insurance coverage?
- What if I am hurt by a hit and run driver and I cannot identify who caused the accident?
- How long should it take for my motor vehicle accident claim to resolve?
- Will I have to go to court to prove what my case is worth?
1.) Generally, what is involved in terms of insurance companies?
As a practical matter, if there are two vehicles involved in an accident, there are two insurance companies. Your own car insurance company (the PIP carrier) generally takes care of property damage, pays for medical bills and pays for lost wages. The car insurance company for the person who caused the accident – usually referred to as the bodily injury insurer or BI – pays for your damages once the case is ready to settle or if the matter has to go to court and you win. Both your insurance company and the insurance company for the person who caused the accident expect you to complete accident report forms and applications they send you. 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. Robert L. Noa at (866) 785-2958 offers 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 provides Personal Injury Protection (PIP) benefits. PIP benefits are provided by all Massachusetts automobile insurance policies. Each policy provides for up to $8,000 in coverage for payment of medical bills and lost wages.
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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 percent of your documented lost wages up to the $8,000 maximum amount of coverage.
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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 serve as the basis for a claim for money damages, your injury must meet at least one of the following requirements:
A.) It left you with permanent disfigurement such as scarring
B.) You suffered a broken bone or fracture
C.) The injury required medical care costing a total of more than $2,000
D.) It resulted in a death
5.) Do I have the right to get the damage to my car fixed?
Yes, but how quickly repairs take place can vary greatly depending on the type of insurance coverage you do or do not carry on your own automobile policy. Most people carry collision coverage for their cars, especially newer cars 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 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 those factors 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, collision coverage 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’s negligence, your bills are 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 is no fault insurance?
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 when it comes to paying medical bills or lost wages that result. Your own insurance company, or the insurance company for the vehicle you are riding in, pays 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 (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 is a contract that obliges them to pay. So, if the policy includes a provision that says you must be examined by the insurance company’s medical experts, you have an obligation to comply. If you fail to attend the examination, the insurance company can suspend or terminate payment of benefits. The simple fact that your own insurance company is setting you up for an IME exam usually 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 (866-785-2958) 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 a comparative negligence jurisdiction. Bottom line, what this means is that you can be as much as 50 percent at fault and still claim money damages against the other person who caused the accident – if you meet one of the requirements outlined in question number four above. Many times the cause of an accident is not totally clear. But, what is clear is who is primarily to blame. If you have contributed to the accident, but played only a minor role, then any recovery you may is simply reduced by the percentage you were at fault. For example, if you are found 25 percent at fault and the other driver is found 75 percent at fault, and the total value of your case is $10,000, then you would recover about $7,500.
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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 need to claim benefits. As long as you are found to be 50 percent 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 must carry insurance, there are many people that do not comply with the law. In these cases your own insurance pays for your lost wages and medical bills and works to settle the case 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, then flees from the scene and is never 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 person's claim cannot be accurately determined until the conclusion of medical treatment. Sometimes a person can recover within weeks, but at other times it can be months or even longer. Any attorney in a personal injury claim should not focus on settling or getting into court quickly. The focus should be on making sure the client gets the best medical care possible so they can get better. Money is nice and we all need it to live, but your health is the most important thing to long term security and well being. The right lawyer can help you recover as quickly as possible while also protecting your financial interest in full compensation 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?
As in question 13, the best answer any lawyer can give to this question is "it depends." There are many factors that determine whether a motor vehicle accident claim will have to go to trial. These factors include the answers to questions such as:
- Is the question of fault clear?
- What are 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. Robert L. Noa has a free consultation program to assist you. Call (866) 785-2958 or contact us online with questions about your case.
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