Wood & Gresham, P. C.

In Massachusetts, laws involving motor vehicle accidents are very complex. Therefore, it requires a complete understanding of the insurance industry and existing coverages involving your automobile insurance policy. Having worked for the insurance companies for a combined fourteen years, we have gained an extensive knowledge of the mandatory insurance coverages and optional coverages, which may be available to you when you are involved in a motor vehicle accident.

When you have been involved in a motor vehicle accident and you have been injured, you may still have a right to recovery even if you are at fault for the motor vehicle accident. This is also true if the person responsible for your injuries does not have insurance coverage or that person’s coverage does not sufficiently compensate you for your injuries. In such a situation you may be entitled to collect under certain portions of your own policy.

We know that being involved in a motor vehicle accident is a traumatic experience for all involved. We recommend never to proceed forward with a personal injury claim without retaining legal counsel. This is why we have taken the time to explain certain steps that will assist you in your time of need.

I. What to Do After an Automobile Collision

1. Write down the name, address, telephone number, driver’s license number, license plate number, and the name of the insurance company of the adverse driver.

2. Write down the name, address, and telephone number of all witnesses, including any and all passengers.

3. Make an observation as to the property damage to the adverse vehicle and number of occupants in the vehicle.

4. Call the police to investigate and obtain the officer’s name.

5. If possible, take photographs of both vehicles at the scene of the incident.

6. If you are injured, seek medical attention immediately.

7. Contact your insurance agent and/or insurance company immediately to report the accident.

8. If you have been injured, it is imperative that you get the advice of an experienced motor vehicle accident attorney, like the attorneys at Wood & Gresham, P.C.

Generally, after a motor vehicle accident, an immediate investigation is necessary to preserve evidence. There are many insurance and legal issues which can affect whether or not you get adequate compensation for payment of your medical bills, property damage and your personal injury claim. In order to avoid jeopardizing your claim, it is imperative that you collect as much information as soon as possible and notify all parties that you have been involved in a motor vehicle accident.

In Massachusetts, in order to file a bodily injury claim involving a motor vehicle accident, one of the following must apply:

1. You must have incurred medical bills in excess of $2,000.00.

2. You must have sustained a permanent disfiguring scar.

3. A fracture.

4. Dismemberment.

5. Death.

6. Loss of sight or hearing.

II. Types of Insurance Coverages

One mandatory coverage available in Massachusetts is Personal Injury Protection Benefits. This coverage is commonly referred to within the industry as “No-Fault” Insurance. This coverage is mandatory for all motor vehicles except motorcycles and recreational vehicles. This is governed by M.G.L. c. 90, §34M. If you are injured in a motor vehicle accident, Personal Injury Protection Benefits may pay medical bills for reasonable and necessary treatment and 75% of your lost wages up to the statutory maximum of $8,000.00 for each injured person. However, if you have health insurance, your health insurance carrier may be responsible for certain medical bills once the insurance carrier of the Personal Injury Protection Benefits has paid the first $2,000.00 in accident related medical bills. Once you have reported the motor vehicle accident to your own insurance carrier, your insurance company will then forward to you an Application for Benefits and supporting documents which must be prepared and filed with them in order to begin payments of the “No-Fault” insurance benefits.

In Massachusetts, every automobile must be insured for the minimum statutory coverage of $20,000.00/$40,000.00. Let’s assume another driver had the minimum statutory insurance on her automobile and caused an accident wherein you were injured. In such a situation, the other driver’s insurance company will pay up to $20,000.00 to each person injured in the accident. However, the most the other driver’s insurance company will pay for injuries to two or more people injured as a result of the accident is $40,000.00. This coverage allows for the recovery of lost wages, pain and suffering and medical expenses. In order for you to recover under this section of the Standard Automobile Insurance Policy, the other driver must be found to be at least 50% at fault.

There is another coverage that is mandatory called uninsured coverage. Often times people are involved in a motor vehicle accident caused by a hit-and-run vehicle or by someone who has no insurance coverage. When this type of scenario occurs, the uninsured coverage of your own motor vehicle policy and those of your household members may become available to you for coverage. This coverage is similar to the bodily injury coverage as both coverages have the same minimum statutory limits of $20,000.00/$40,000.00. However, as with bodily injury coverage, higher coverage may have been purchased and may be available to you.

There is also an optional coverage called underinsurance coverage which you can purchase from your insurance agent/insurance company. This coverage applies when you have received the full policy limits of the bodily injury coverage available from the party at fault but the severity of your injury warrants additional compensation. In such a situation, your own underinsurance coverage may be available. This will allow you to be adequately compensated for your injuries.

III. Medical Treatment

If you have been involved in a motor vehicle accident, it is imperative that you advise your own insurance carrier as soon as possible. Many times, symptoms of pain from muscular injuries (sometimes referred to as “soft-tissue injuries”) do not develop until hours or even days after a motor vehicle accident. However, you need to protect your interests immediately by putting your own carrier on notice of the accident. Although injuries to your neck and back are usually not life threatening, they can cause severe discomfort and disability. Some common symptoms associated with soft-tissue injuries are:

1. Muscle soreness in the neck and back areas;

2. Spasms in your neck and back;

3. Difficulty performing routine daily functions;

4. Decreased range of motion;

5. Headaches and dizziness;

6. Trouble sleeping;

7. Pain developing in your shoulders and between the shoulder blades; and

8. Numbness, pain and weakness in your arms and legs.

We know that an automobile collision can change your life forever. This is why we tell our clients to concentrate on getting the proper medical treatment as soon as possible and we will handle everything else. It is our firm’s philosophy that we will do everything that can be done to get you the compensation you deserve. We have the skill and expertise to protect your rights and do everything on your behalf to obtain a settlement that will fairly compensate you for the injuries you sustained due to someone else’s negligence. Our firm has the experience and knowledge of the policy, coverages, and exclusions to assist you in maximizing your recovery.

If you have been involved in a motor vehicle accident and wish to discuss your claim free of charge and with no obligation, we can be reached at (508) 384-2008.