Were you recently involved in a collision caused by another driver? When you combine your state of shock, your injuries, your vehicle’s damage, the insurance claims, and more, it’s bound to be a somewhat unsettling experience. You will need to deal with the insurance companies involved in order to recover compensation for both your property damage and your injuries. Car accident claims can be difficult to navigate, which is why it’s often helpful to seek legal counsel. The experienced personal injury attorneys at Ellis & Associates would be happy to help you get on your feet again. Scroll down to learn about some of the most important factors in car accident claims and how the process works in Massachusetts.
Car Accident Claims 101
Reporting the Accident
Under Mass. Gen. Laws ch. 90 § 26, you must file an accident report with the state whenever you are involved in an accident that causes an injury, death, or property damage of $1,000 or more. This report must be filed within five days of the date of the accident with the Registry of Vehicles. You will also need to report your accident to your insurance company.
Understanding Car Insurance Laws in Massachusetts
Massachusetts follows a modified no-fault rule for car accidents. Under this law, your own insurance company will be responsible for paying for your injuries up to your policy limits. However, if the other driver is more than 50 percent at fault, you can file a claim against the at-fault driver to recover non-economic damages of $2,000 or more.
All drivers in Massachusetts are required to carry insurance coverage in at least the minimum liability amounts. Drivers must carry policies that include the following coverages and minimum policy limits:
- Bodily injury – $20,000 per person/$40,000 for two or more people
- Personal injury protection – $8,000 per accident
- UM/UIM – $20,000 per person/$40,000 for two or more injured people
- Property damage – $5,000
These are the state’s minimum required coverage amounts. In a serious accident, these minimums may be insufficient to cover your losses. This means it may be a good idea to carry insurance with higher policy limits than the state’s required minimums.
How Car Accident Claims Work in Massachusetts
In Massachusetts, you are first required to file an accident claim with your own insurance company before you can pursue damages from the other driver and his or her insurance company. To file a lawsuit against the other driver, your claim must meet or exceed the state’s threshold. You can file a claim against a driver who is more than 50 percent at fault if you have incurred a minimum of $2,000 in medical costs and your injuries are serious. This includes injuries that have left you with serious, permanent disfigurement, fractures, or a substantial loss of your ability to see or hear.
When you submit a claim to your insurance company, the company can either deny your claim or send a settlement check to you. If you do not agree with your insurance company, there will be an internal appeals process that you must go through by appealing the decision to the claims supervisor. If you are still dissatisfied, you can file a complaint with the Massachusetts Division of Insurance. An attorney at Ellis & Associates can help you with the car accident claims process, including negotiating with your insurance company if your claim is disputed or your settlement offer is too low.
Types of Damages in Car Accidents
In general, compensatory damages are divided into economic and non-economic damages. Your economic damages are the actual pecuniary losses you have suffered as a result of your accident. Your non-economic damages are more intangible and include such things as pain and suffering, disfigurement, disability, emotional trauma, and others. The types of damages that might be available in your case will depend on the specific facts and circumstances of what happened.
Remember that you are not obligated to accept your insurance company’s first settlement offer. If the other driver was at fault, and your insurance company is not offering you enough to cover your losses, an attorney may help you file a lawsuit against the other driver.
Modified Comparative Negligence in Massachusetts
Massachusetts follows a modified comparative fault rule for car accidents under Mass. Gen. Laws ch. 231 § 85. Under this law, the fault will be allocated between the parties when they share fault in causing an accident. As long as you are 50 percent or less to blame for your accident, you can recover damages. However, your damages will be reduced by the percentage of fault that is allocated to you. For example, if you are determined to be 30 percent at fault, your damages will be reduced by 30 percent.
Statute of Limitations for Injury Claims
In Massachusetts, you must file a lawsuit no later than three years after your accident and injuries. This limitation period starts to run from the date of your accident. If you wait until after it has expired, your claim will be time-barred, meaning you will not be able to pursue legal action to recover damages.
Talk to an Attorney at Ellis & Associates
Have you recently suffered injuries in a collision near Worcester, Massachusetts? Ellis & Associates is here to help. Contact us today to schedule a free consultation by calling 800-MR-ELLIS.