The lawyers over at Altman & Altman, which is a Massachusetts personal injury and Massachusetts criminal defense firm, have a great blog dealing with Massachusetts workers compensation law. Here is a link: http://www.massachusettsworkerscompensationlawyerblog.com/
My office handles workers compensation claims, and Altman's blog does a wonderful job of explaining this area of law to both lawyers and non-lawyers.
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.
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.
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.
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.
No. Never. It will only hurt your case. Insurance adjusters are trained to ask certain, specific questions which are intended to make the strongest personal injury claims look weak. Here is a great post regarding recorded statements, and their pitfalls from Maryland personal injury attorney Ronald Miller over at his Maryland Injury Lawyer Blog:
Most insurance adjusters tell personal injury lawyers that they need a recorded statement from the lawyer's client to "firm up liability" or to "assess credibility." But providing a recorded statement is typically a "loose-tie." It rarely results in a finding on liability in favor of the accident attorney's client. Of course, this is not to say that this is always the case, but absent special circumstances, the downside far outweighs any benefits.
Continue reading "Should You Give a Recorded Statement to the Insurance Adjuster?" »
Kudos to CNN.com for injecting into the public discussion a topic that has been ignored for too long. The article exposes the travesty of how auto accident victims in low-impact motor vehicle accidents are being "low-balled" by big, powerful insurance companies. Many Massachusetts residents are involved in low-impact motor vehicle accidents each year. These accidents can cause very serious injuries to those involved.
Continue reading "The Approach Taken By Insurance Companies With Low-Impact Auto Crashes" »
This is a common scenario. The driver who caused your Massachusetts motor vehicle accident only has $20k in liability protection. But, suppose your damages (medical bills, lost wages, pain and suffering) exceed $20k. In that event you must make an underinsured claim with your auto insurance carrier. The minimum amount you must have in Massachusetts for underinsurance is $20k. But, your underinsurance coverage only kicks in if it exceeds the amount of the liability policy limits of the at-fault driver. Therefore, purchase as much underinsurance coverage as you can afford. It can make a world of difference and protects you when you most need it.
If you are handling your Massachusetts personal injury claim without an attorney, you will need to know how to write, and present, an effective demand letter to an insurance adjuster. Here is a primer from Nolo.com on this very topic:
"The demand letter is the centerpiece of the insurance claim negotiation process. In it, you set out to the insurance company your strongest arguments concerning:
Your letter should conclude with a demand on the insurance company for a lump sum to settle your entire claim."
As most of you may know, the "opening offer" by an insurance adjuster is just that; it is an "opening offer." You must keep in mind that all insurance adjusters are delegated a certain amount of "authority" for each claim they handle. Therefore, never accept an "opening offer."
The adjuster assigned to your claim will contact you to attempt to resolve the claim once your "demand letter" has been reviewed. Do not lower your demand until the adjuster has made you an offer. You and the adjuster will go back and forth negotiating. If you feel the adjuster is being unreasonable, request to speak to his/her supervisor. That is perfectly acceptable and the adjuster will not be offended with the request.
Always be respectful towards the adjuster, no matter how contentious the negotiations become.
Good luck negotiating your Massachusetts bodily injury claim!
