Boston Car Accident Lawyers

Answer: Because Massachusetts is a “no-fault” car accident state, typically your own insurance company will pay for your medical bills. This is true regardless of whether or not you may have been completely or partially responsible for the accident.

Answer: In order to prove that another driver is at fault for a car accident, it is important to gather various pieces of evidence. This can include statements from witnesses to the accident, photographs of the damage caused to your car, photographs from the scene of the accident, details included in the police report for the accident, and medical records if you were treated for any injuries related to the accident.

Answer: If you have been injured in a car accident, the first thing you should do is immediately seek medical attention and call the police to report the accident. In addition, exchange personal details with the other drivers involved in the accident including gathering their full name, a phone number, and their insurance information. Finally, make sure to take photographs of the accident scene, including your vehicle, and collect any eyewitness contact information. These details may help support a case in the event that you need to prove that someone else is responsible for damages caused by the accident.

Answer: Parking lots fall under fault determination rules. This means that predetermined guidelines are in place for parking lots which provides guidelines for adjusters to quickly determine fault. For example, if you backed out of a parking spot and hit a car, then you will likely be determined to be at fault. Another common occurrence in parking lots is hitting parked cars. If you hit a parked car, you must pull over to check for property damage and to leave your information if the car is scratched or damaged.

Answer: Police reports are one way to capture information from an accident and the statements that you make regarding the accident will be incorporated into the report.. These reports can have a major impact on your case and can be used by insurance adjusters to determine fault. It’s important to request a copy of the Motor Vehicle Crash Police Report after it’s been filed to review to ensure its accuracy.

Answer: If you were in a car accident where the other drive is uninsured, it is important that you call the police to the scene of the accident. If the uninsured driver is at-fault, you’ll also want to contact your insurance company to understand more about your compulsory Uninsured Motorist (‘UM’) coverage. This type of coverage can be used to provide you compensation if you were in an accident with another driver who is uninsured. An experienced attorney can help navigate this process with you to help you understand your rights and options.

Answer: Typically, Personal Injury Protection (‘PIP’), which is included in your auto insurance policy, can cover medical bills and lost wages up to $8,000. PIP will also cover 75% of any lost wages you have due to the accident. Your insurance company will evaluate the details around your accident to determine how much they will cover. If you have experienced serious injuries related to the accident, you may have a case for Third-Party Benefits, which cover non-financial losses like pain and suffering, death, lost wages, and disfigurement. If you think that this may apply to you, then an auto accident attorney can help you navigate this process.

Answer: In Massachusetts, there are three common types of damages that can be considered when determining the value of a car accident case. These include medical bills and expenses, pain and suffering, and lost wages. If you received any type of medical attention related to your case, which could include hospital bills, medications, and physical therapy to help treat your injuries. If your injury kept you out of work and prevented you from earning money, you may have a claim for lost wages. Finally, Massachusetts recognizes that the pain and suffering that you experienced related to the car accident may entitle you to additional funds. An experienced attorney can help you determine which options will best support your case and can help evaluate other kinds of damages in addition to your medical bills, pain and suffering, and lost wages.

Answer: Many car accident claims are settled out of court because it’s not in the best interest of the other party to dispute the claim or it’s clear as to who was responsible for the accident. If it’s unclear who is at-fault or the amount of damages you’re entitled to exceeds what your plan may cover, then it may be appropriate to consider filing a lawsuit. Your attorney can help provide guidance on your best options after reviewing the details of your case.

Answer: After you have filed a claim for your accident, your insurance will assess the damages sustained to your car. Once they have reviewed, your insurance company will likely share a list of repair shops to choose from if you’d like along with your claim check to cover the damages to your car. If the insurance appraiser determines that your vehicle is a total loss, then they will write you a check for the cash value of the car at the time of the accident.

Answer: If you have incurred $2,000 or more in medical expenses or have sustained permanent and serious disfigurement, fractured bone(s) or substantial loss of hearing or sight due to your accident, then you are entitled to sue the at-fault driver and any other individuals responsible for your damages.

Answer: Liability can be determined in a few different ways through different claims that are available in Massachusetts. Personal injury claims focus on an injury that was caused as a result of someone else’s negligence. Wrong Death claims are filed by surviving relatives that allege liability of the other party for a death. Product Liability claims allege that a defective product is liable for injuring the individual. Insurance bad faith claims allege that there are delays or wrongful refusal to settle claims regardless of liability and damages. Your attorney can assist in determining which claim or claims can support in determining liability.

Answer: In Massachusetts, the at-fault driver is the operator who the court determines to be more than 50% at fault for the collision. It is possible that both drivers involved in the accident could be found partially at fault for the collision. In these instances known as comparative fault, your award amount for damages will be impacted by your percentage of fault provided that your at fault percent is less than 50%. If you are found to be 50% or more at fault, then you cannot attempt to recover any damages.

Answer: Because Massachusetts is a no-fault state, the expectation is that each motorist is responsible for filing a claim for their accident through their own insurance company. If you did not have car insurance at the time of the accident, then you would not be able to file a claim and would be responsible for all damages out of pocket.

Answer: Yes, you can file a claim regardless of whether the other driver(s) has their own car insurance. Massachusetts is a no-fault state which means that all drivers must work with their own insurance companies to process their claims. Because of this, you would work with your insurance company to file your claim.

Answer: Yes, you can still file a claim if you were in a car accident and the at-fault driver fled the scene of the accident. In this instance, you would file your claim through your own insurance company where Uninsured Motorist coverage would apply. This type of coverage is required for all Massachusetts drivers and will be included in your plan.

Answer: The statute of limitations to file a lawsuit or settle a claim in Massachusetts is 3 years.

Answer: No, you do not need to give your insurance company a statement after your car accident and in most cases, you should not give a statement. By giving a recorded statement to an insurance company, you risk providing information that could allow them to deny your claim, noting that they have a good faith basis for the denial. The insurance company may try to convince you that the statement is required. There are no legal requirements to provide a statement to your insurance company or the other driver’s insurance company. If either are interested in obtaining additional information, they can review the police report for the accident or other eyewitnesses.

Answer: Massachusetts determines fault using “modified comparative negligence.” As a modified comparative negligence state, the jury will review the details of the case to determine the percentage at fault that each motorist was in the accident. If you are the plaintiff in the case, the jury may find that you were 30% at fault for the accident. The total damages that you could recover are 70%. In this case, the defendant would be found 70% at fault. If you are found to be 50% or less at fault then you can recover damages. If you’re found to be 51% or more at fault, then you cannot recover any damages for your case.

Answer: Road hazards are a common cause of car accidents and are usually the responsibility of local governments. Under the Massachusetts Tort Claim Act (MTCA), if a government entity was required to safely maintain a roadway that led to a fatality or injury, then you may have a claim. If a private party was responsible for your accident, such as an individual who failed to secure construction equipment to their car/truck, then you may also have a right to damages. An attorney can help you navigate this process, including helping to build a case to prove that another person/government agency’s negligence caused your accident and any injuries you sustained.