Massachusetts Personal Injury Blog

Making a Claim for Underinsured Motorist Benefits in Massachusetts

If you have been injured in an auto accident in Massachusetts, there is always the possibility of making an underinsured motorist claim.  If the driver who caused your personal injuries does not have enough bodily injury (BI) coverage to cover the cost of your injuries, then you need to look to your auto insurance carrier for underinsured motorist benefits.  But, before making such a claim, you need to be aware of something important: You cannot, per the standard Massachusetts automobile insurance contract, collect underinsured motorist benefits without first receiving permission from your auto insurance carrier prior to settling your claim with the other driver's bodily injury carrier.

And also, you are only entitled to underinsured benefits if your coverage exceeds the bodily injury coverage of the driver who caused your injuries.

Lawsuits Brought by Minors in Massachusetts

Minors in Massachusetts cannot initiate a lawsuit.  When a minor, for example, has a personal injury claim that requires litigation, the lawsuit is brought by the minor's parents.  The parents, in the context of litigation, are referred to and named in the lawsuit as "next friend."  At times, a guardian must be appointed and approved by a court if the parents are not alive or do not have the capacity to act as "next friend" on behalf of the minor.

Miscellaneous Massachusetts Auto Insurance Information

Here is some miscellaneous information about auto insurance in Massachusetts:

Collision coverage in Massachusetts is optional coverage, but I strongly suggest you buy it.  Although collision coverage can be expensive you need it in case your car is damaged in an accident with another vehicle.  This coverage will pay for the damage to your vehicle.  Although collision coverage can sometimes be expensive (as opposed to liability coverages) you need to have it.

Comprehensive coverage is optional in Massachusetts.  This coverage will protect you if your vehicle burns, is vandalized, stolen, damaged by an animal, or damaged by mother nature.

Property damage coverage in Massachusetts is required with a minimum of $5000.00 in coverage.  This coverage will pay for property that you damage if you cause an auto accident.  I suggest you buy $100,000.00 in property damage protection.

A deductible is the amount of money that you are required to pay.  If you have a $500.00 deductible, you are contractually responsible to pay the first $500.00, and then your carrier pays the rest.  The lower your deductible, the higher your premiums cost.  The higher your deductible, the less expensive are your premiums.

New "Massachusetts Lawyers Weekly" Publication for Non-Lawyers

Massachusetts Lawyers Weekly, a weekly publication for lawyers on news and developments in Massachusetts law, has recently launched Exhibit A.  Exhibit A is a monthly newsletter written by lawyers and intended for non-lawyers.  It is written in a way which makes the law a little less confusing and easier to understand.  It is a FREE monthly publication you can pick up at most MBTA stations.  The newsletter covers many different legal topics which you may find useful if you have specific legal questions, or, if you are just interested in the law generally.

My Spouse Was Injured. Our Marriage Has Been Affected. Can I Sue for Damages?

Yes.  Massachusetts recognizes loss of consortium claims.  If your spouse was injured in an accident, and his/her injuries have affected the marriage relationship, then a loss of consortium claim can be brought.  Sometimes an injury victim is unable to offer the affection and companionship he/she was able to provide before the accident.  When this occurs, the spouse for the injury victim may be able to bring a loss of a loss of consortium claim for damages against the person or entity which caused the accident.  Also, children can bring such claims in Massachusetts as well.   

Underinsurance Motorist Coverage (UIM) in Massachusetts

Underinsured motorist coverage is provided by your insurance company per your automotive insurance policy.  It comes into play when you have been involved in a motor vehicle accident in Massachusetts and the person responsible for the accident does not have enough liability coverage to cover your losses and pain and suffering stemming from the accident.  However, you are only entitled to that amount of underinsured coverage to the extent that your UIM policy exceeds the liability limits of the person who caused the accident.  Let us take an example to flush this out.

Suppose that you have $80,000.00 in damages following the accident.  You also have $100,000.00 in UIM coverage from your insurance company.  But, the person who hit you only has the required, minimum amount of liability coverage of $20,000.00.  In that case, you would first collect the $20,000.00 from the other driver's liability coverage.  Then you would make a first-party claim (your underinsured claim) against your auto insurance carrier.  But the most you could collect for the UIM claim is $80,000.00.  That is because you are only entitled to UIM benefits to the extent that they exceed the total amount of the at-fault driver's liability policy.  Therefore, the most you could collect would be a total of $100,000.00, and not $120,000.00.

Some Information About Massachusetts PIP Benefits

Following your Massachusetts auto accident, you will be entitled to PIP benefits.  Here is a quick primer on what PIP payments you are entitled to:

1)  "Reasonable and necessary" medical expenses incurred within two years of your Massachusetts motor vehicle accident;

2)  75% of the wages that you lose as a result of your Massachusetts motor vehicle accident (but, you need a doctor to write a note that you are disabled from work);

3)  Funeral expenses;

4)  Ordinary and necessary household expenses.

It is your insurance company that pays you these benefits.  Or, if you were a pedestrian struck by a vehicle, the insurance company for the driver who struck you is required to pay you PIP benefits.

When the At-Fault Driver Does Not Have Enough Massachusetts Bodily Injury Insurance

Many times following a Massachusetts auto accident it is found that the at-fault driver does not have enough bodily injury insurance to cover the injured party's medical expenses, lost wages and pain and suffering.  Since many Massachusetts drivers only have the minimum required amount of $20k/$40k, this scenario happens far too often.  However, it is possible in certain situations to recover for your damages from the Massachusetts insurance policy of a member of your household.

This option should always be explored in order to prevent settling a Massachusetts auto claim for too little money.

Tags: Massachusetts auto accident and Massachusetts auto insurance

Passengers and Massachusetts Auto Accidents

Passengers involved in Massachusetts auto accidents, who sustain injuries, face two main issues.  First, how do medical bills get paid?  Passengers who are involved in Massachusetts auto accidents will have up to $8000.00 in medical bills and lost wages paid under Personal Injury Protection (PIP) benefits.  The injured passenger would make a claim for PIP benefits under the automotive insurance policy purchased by the owner of the vehicle in which the passenger was injured.  It is important to claim PIP benefits immediately after the accident, as there is a short window to claim such benefits.

The second issue facing passengers involved in Massachusetts auto accidents is how to pursue a bodily injury claim.  This claim will be made against the driver who was at fault for the accident.  If the driver of the vehicle in which you were a passenger caused the accident, then you would make your bodily injury claim against his/her policy.  On the other hand, if the Massachusetts auto accident was caused by the negligence of a third-party, then you would make a bodily injury claim with that driver's insurance company.

Feel free to contact me with any Massachusetts personal injury questions you may have. 

Tags: passenger injuries and Massachusetts auto accident

Saving on Your Massachusetts Auto Insurance

Massachusetts of course requires all motorists in the Commonwealth to carry automobile insurance.  Here are some pointers, provided by insurance.com on how you can save on your auto insurance:

Specific ways to save money on auto insurance:

1. Shop around.
One of your first steps should be to shop around. A particularly good time to investigate your alternatives is when your current policy is about to be up for renewal, especially if you find that your premium has gone up. You may be surprised to learn that auto insurance premiums for the exact same coverage on the same car can vary widely (by hundreds of dollars) between different insurers, even in states that regulate auto insurance rates.

2. Increase your deductible.
For many people, raising the deductible on their auto insurance is a good way to cut the cost of the policy. Sometimes you can reduce your annual premium by 10 percent or more if you increase your deductible from, say, $250 to $500. If you do this, however, make sure you have the financial resources to handle the larger deductible when the time comes.

3. Keep an eye on your credit report.
Your credit history is an important factor for most auto insurance companies. Many studies have shown a correlation between your credit history and the risk to an insurance company. Paying your bills on time and maintaining a good credit history will allow you to enjoy lower auto insurance rates.

4. Drive less.
If you drive less than a certain number of miles in a year (e.g., 7,500), you may qualify for a low-mileage discount. If your insurer offers this discount, try to limit your driving as much as possible. If you commute to work, use public transportation instead of driving. When you go away on vacation, fly or take the train.

5. Don't use your car for business purposes.
Since work-related driving generally subjects you to higher premiums than pleasure driving, it may be in your best interest to stop using your car for business purposes.

6. Drive more safely.
You may be eligible for a price break on your policy if you maintain a clean driving record for a specified period (usually three years). A clean driving record generally means no accidents, moving violations, drunk driving convictions, etc., during that period. The best way to qualify for the applicable discount is to drive carefully and defensively at all times.

7. Buy a low-profile car.
Cars are rated on a risk scale for auto insurance purposes. In general, sports cars and other high-performance, flashy vehicles are classified as higher risks because they are common targets for thieves and vandals, and because statistically, the people who own them tend to drive more recklessly. If you own such a vehicle, you will likely pay a higher premium than if you owned a station wagon, sedan, or other low-risk vehicle.

8. Move.
If you live in a rural community with little crime and traffic congestion, your premium will generally be lower than if you live in an urban area where your car is more likely to be stolen, vandalized, or involved in an accident. Granted, you shouldn't move just to cut your auto insurance costs. However, this may be one of many factors in your decision if you're thinking about relocating from the country to the city.

9. Keep your car in a garage.
Cars parked in garages are less likely to be stolen, vandalized, or struck by other vehicles. Using a garage to store your car may entitle you to a slight premium reduction.

10. Have safety/anti-theft devices installed.
You may receive discounts on your insurance if your car is equipped with one or more of the following options: anti-lock brakes, automatic seat belts, and airbags. Similarly, anti-theft devices such as car alarms and tracking systems (e.g., Lojack) may also get you a discount because they reduce the chances of your car being stolen or vandalized.

11. Inquire about multifamily/multipolicy discounts.
You may receive a discount from your insurance company if you buy more than one type of insurance through that same company (e.g., auto and homeowner's). A discount may also apply to your auto insurance if you insure multiple cars under the same policy or with the same company.

12. Other discounts
Other discounts may be available if you meet certain criteria. Examples may include discounts for taking a defensive driving course, being a AAA member or staying with the same auto insurance company for a number of years. These discounts vary by company.

Tags: saving on auto insurance and Massachusetts auto insurance