About Motor Vehicle Accident Claims
Brockton MA Car Accident Lawsuit Attorney, PIP Claims Settlements
The physical and emotional trauma of an auto accident can be overwhelming. These matters are compounded by complications that come with dealing with the insurance companies in the aftermath of an accident. After your accident, you may begin to question whether or not you will ever receive fair compensation for your injuries and your property damage.
At the Law Offices of Gerald J. Noonan, our Massachusetts car accident lawyers work tirelessly to help our clients recover all of the financial compensation they are due. Our attorneys will deal with the stubborn insurance company and the details of your auto accident claim. We will investigate the facts of the accident to determine who is at fault. We will arrange appointments with medical specialists to determine the extent of your injuries. This allows you and your family to focus on a speedy emotional and physical recovery.
About Damages for Pain and Suffering
You may be entitled to recover damages for pain and suffering from the insurer or the person who caused your injuries (including the driver of the car you were a passenger in), if any of the following resulted from your injuries:
- Your medical bills total more than $2,000; or
- Fractured/broken bone (even tooth); or
- Death; or
- Serious and permanent disfigurement; or
- Partial or total loss of eyesight or hearing; or
- Loss of part of or all of a body member (i.e., limb amputation, or even the tip of a finger or toe.)
Why You Need an Experienced Car Accident Attorney
Getting compensation for a car accident may seem simple to the victim: someone else caused or contributed to the accident, you were injured, and so you should be compensated. But insurance policy terms and Massachusetts laws make things a little more complicated than that. There are many provisions and restrictions that can be confusing to lay people — especially when insurance companies contest liability or when they offer to settle claims for the least amount possible and not necessarily what the victim is entitled to.
For example, under Massachusetts law, you are probably entitled to certain benefits (generally, up to $8,000 per person) for medical treatment and/or lost wages. There are some scenarios where the insurance carrier will not assume medical expenses in excess of this $2,000.00 threshold. You are likely entitled to up to $8,000 in PIP medical coverage if you didn’t have private health insurance at the time of the accident.
By statute, the first $2,000.00 in medical bills will be covered by the Personal Injury Protection Insurance (PIP) carrier of car you were in at the time of the accident. However, Massachusetts law requires medical bills in excess of $2,000 be coordinated with, and paid by your private health insurance carrier.
Massachusetts Health, Medicare and any other government provided health insurance isn’t considered private health insurance for the purposes of PIP coordination. If the car accident caused you to miss work you may be entitled to 75% of your average weekly wage for every week of work missed up to the PIP maximum of $8,000. Note that the most any one person can receive from any one accident from the PIP insurance carrier is $8,000.
If the automobile that caused your injuries was not insured at the time of the accident, or you were a victim of a “hit and run” accident (which includes an unknown automobile which cut you off causing the accident), there is a strong possibility that you may be entitled to money damages for pain and suffer under uninsured motorist coverage.
If the automobile that caused you injuries did not carry enough insurance coverage to pay for your injuries, you may be entitled to collect additional monetary benefits from under-insured motorist coverage.
Our law office is experienced in dealing with insurance companies in vehicle accident claims and can handle the coordination of benefits between the PIP insurer and your private health insurance carrier.
- How does PIP, MedPay and Health Insurance work?
- Coordination of Benefits: The Relationship Between PIP, MedPay, MassHealth, Medicaid, Medicare and ERISA Health Plans
Regular Use Exception
If you regularly use a car then you should have to pay premiums on the insurance policy covering that car. If you aren’t listed on the insurance policy and you drive the car then the insurance company covering the car will not cover your accident if the car is available to you for seasonal/periodic use. So if a girlfriend, wife or child causes an accident and they are found to habitually use the car without paying premiums on the policy then the insurance company covering the car will not pay for any damages resulting from the accident.
What is or isn’t habitual use is up to interpretation. Systematic and authoritative use of the car will be positioned by the insurance company as triggering the regular use exclusion. A child who takes the car every Wednesday to go to work could trigger the regular use exclusion. A daughter that comes home on summer break from college and uses the car only during the summer months would likely fit your insurance company’s description of regular use.
Use of the Car Without Owner’s Permission
When a driver operates someone else’s motor vehicle without the express of implied consent of the owner neither compulsory nor optional coverage will be available from the owner’s insurance to pay for personal injuries caused by that driver.
Victim in a Car Accident? Talk to an Experienced Attorney for Free
No matter where you are located, we are just a phone call away. Call our Boston Car Accident Lawyers to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step towards getting fair compensation for your injuries or for the loss of a loved one. You can also click here to use our Free Case Evaluation Form.
Our knowledgeable and experienced Boston Personal Injury Attorneys assist auto / car accident victims throughout all of Southeast Massachusetts, including but not limited to Plymouth County including Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Wareham, Abington, Rockland, Whitman, Hanson, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham, Norton; and the Greater Boston area including Cambridge, Lowell, Revere, Chelsea, Lynn, Everett, Lawrence, Dorchester, Roxbury and Somerville.