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How To Make An Insurance Claim After An Accident In Massachusetts

The sooner you consult a personal injury lawyer after you are seriously injured in a car accident, the better. Hiring a lawyer after a car accident is one of the most vital decisions you can make, yet many people don’t know this. The services of a personal injury lawyer can help you in collecting the full compensation you deserve for your bodily injuries and vehicle damage. Having a competent lawyer by your side eliminates the stress of worrying about how to make a car insurance claim after an accident. An attorney’s services include a free estimate, investigation of the case, documentation of damages, negotiation on your behalf, and courtroom representation if needed. 

Massachusetts is one of around a dozen states that adopt a no-fault car insurance system. This means that, regardless of who was at fault, injured drivers and passengers must often resort first to their personal auto insurance policy to claim reimbursement for their medical expense, loss of income, and other out-of-pocket expenses following an accident. However, if the non-monetary damages (such as pain and suffering) exceed $2,000, you can sue the at-fault party.

The twelve states that implement the “no-fault” laws did so in an effort to limit the number of unnecessary lawsuits arising from traffic accidents. Another benefit of this approach is that everyone who is involved in the accident receives immediate medical assistance.

Personal Injury Lawyers in Peabody, Massachusetts Prepared To Fight For Your Interests 

How to make a car insurance claim after an accident

If you or a loved one has sustained bodily injury due to someone else’s negligence in Massachusetts, contacting an experienced Peabody, Massachusetts personal injury lawyer at The Law Offices of Barry Feinstein & Affiliates P.C. is a great first step in determining whether you have a case and what to do next. Our personal injury law office has helped injured individuals just like you for over 25 years.

Massachusetts Auto Insurance Laws: What You Need To Know

Auto insurance coverage is a requirement for car registration in the state of Massachusetts. You are required by law to acquire four types of coverage known as Compulsory (or Mandatory) Coverage in at least the minimum amounts required by state law, and in higher amounts, if you want to do so. You may also purchase a selection of Optional Coverage to meet your specific needs.

Compulsory Coverage: Four Insurance Coverages That Are Required In Massachusetts

  1. Bodily Injury to Others car insurance protects you, or anyone you allow to drive your car, against legal liability if you accidentally harm or kill someone while driving. It only covers losses if the accident happens in Massachusetts. It also does not cover the injury or death of a passenger in your vehicle. You must purchase at least $20,000 per person, or $40,000 if more than one person is injured.
  2. Personal Injury Protection (commonly known as PIP) pays for medical bills, up to 75% of lost income, and replacement services subject to an $8,000 cap. Massachusetts is a no-fault state, which means that regardless of who is to blame in the accident, PIP will cover these costs for you or anybody you allow to drive your car, anyone residing in your house, passengers in your car, and pedestrians.
  3. Bodily Injury Caused by Uninsured Auto covers you, anybody you allow to drive your car, and members of the household and passengers (who are not protected by another similar Massachusetts policy) from losses caused by an uninsured or unidentifiable (“hit and run”) motorist. You must purchase at least $20,000 per person and $40,000 overall for all those injured in the collision by an uninsured motor vehicle.
  4. Damage to Someone Else’s Property, widely known as Property Damage, compensates for damage to some other person’s property caused by you, a household member, or another driver you allowed to use your motor vehicle. You must buy an insurance policy with a $5,000 minimum limit.

What Is Required For Insurance Claims At The Scene Of An Accident?

If you’re in a car accident in the state of Massachusetts, you’ll need to do several things right away.

Because you won’t be able to speak with an attorney or an insurance adjuster at the site of the collision, you need to be aware of what you will need to do.

When a car accident happens, determine if anyone requires emergency medical assistance and, if they do, call 911.

Get treated if you have been injured. If you haven’t been injured, get a checkup nevertheless, and preferably within 24 hours. That way, you will know whether you have any hidden injuries, and you will be able to establish the medical records you’ll need as the legal case unfolds following the accident.

The next step is to call the cops. Inquire how you will receive their police report, and make many copies once you have it.

You’ll need to exchange names, driver’s license numbers, contact information, car insurance company, and it’s a good idea to confirm the information as soon as possible.

Although it is not often, accident victims are occasionally provided fraudulent information and even fake insurance cards.

Take as many pictures as you can of the accident location and car damage. If you’ve been hurt in a visible way, ask someone to take a picture of your injury.

Lastly, if possible, get the contact details of any witnesses. If your claim cannot be resolved quickly or a legal dispute arises, photos and eyewitness statements can be compelling evidence.

When filing your auto insurance claim, be prepared to include all of the details you have gathered, including your own account of what happened.

Depending on who is found “at-fault” for the accident, either driver’s insurer may be required to pay for the repairs.

If the two companies can’t agree on who is to blame or how much ought to be paid for the repairs, you may need legal help.

If you suffered even just a minor physical injury as a result of another driver’s negligence, ir anything more than minor scrapes or bruises, do not speak at all with the insurance adjuster, do not disclose any information in writing, and do not sign any insurance documents.

Trust a knowledgeable Massachusetts personal injury attorney to manage your claim, safeguard your rights, and fight on your side when your health and future are in danger.

Filing a Car Insurance Claim: Here’s How To Make A Car Insurance Claim After An Accident 

Filing A No-Fault Car Accident Claim

A no-fault injury insurance claim will detail the nature and degree of your injuries, as well as how you got them. Because the insurer is not concerned about blame in a no-fault claim, you do not need to record how the accident took place. You will also need to describe the medical treatment you got and any future treatment you may require.

You will grant access to your medical records to your insurer. You may need to provide a copy of the police report to show how the injuries took place. Because the insurer must pay regardless of who is at fault, you may include the accident report even if it states that you were at fault.

Your PIP coverage will cover all medical expenditures that are reasonably needed as a result of your injury. Expenses that are covered include:

  • Ambulance
  • Counseling and psychotherapy
  • Hospitalizations
  • Medical care
  • Medication
  • Nursing care
  • Physiotherapy
  • Prosthetics
  • Surgery
  • Treatment for teeth
  • X-rays

Following a tragic vehicle accident, PIP benefits also cover burial expenses.

In addition, your PIP benefits will cover up to 75% of the income you lost while you recuperate from your injuries. With your no-fault claim, you will provide verification of your income or salary. You can submit time cards or other documentation proving the work you missed.

You will also submit a note from your doctor stating that you were unable to work caused by medical conditions resulting from your injury.

At-Fault Car Accident Claim

Start By Consulting  A Massachusetts Attorney For A Professional Assessment.

Unfortunately, it’s not always clear who is to blame when something bad happens to you or someone you care about. A free consultation is available from the team at The Law Offices of Barry Feinstein and Affiliates P.C. to help settle the issue.  We will examine the facts, conduct an impartial investigation, and then advise you on the strength of your case. 

Personal injury laws can be difficult to grasp. Because your opponent will almost certainly hire legal counsel, it is in your best interests to hire your own lawyer to represent you.

When you retain legal representation, the law firm files a complaint with the court. The complaint recounts the incident and describes your claim against your opponent (the defendant). The defendant has the option of responding by submitting a response.

This is usually followed by a time referred to as “discovery.” During discovery, the parties provide the information, facts, or evidence that they intend to bring in the lawsuit. This may involve written witness statements as well as a sworn recorded statement.

Before a trial, your attorney will meet with the opposing counsel for a pre-trial conference, which the court has mandated.

Go to court or settle.

During the course of the legal process, either side may offer and negotiate a settlement. The settlement procedure can be simple or difficult.

The trial is your chance to show how the defendant inflicted your injury, perhaps through recklessness. Both parties submit their evidence, and each has the option to refute the claims or dispute the proof.

Your lawyer will walk you through each step:

  • the pre-suit preparation process;
  • the discovery process;
  • If the parties agree, mediation.
  • resolution by settlement during or after mediation;
  • the court trial

Appeal The Decision

Appeals are not retrials of previously heard evidence. An appeal must be founded on a claim that the original suit contained judicial or other types of error.

What Is The Time Limit For Filing A Car Accident Report In Massachusetts?

In Massachusetts, you have 5 days to submit an accident report if there was an injury, death, or damage worth more than $1,000. Even if police officials were present at the scene of the accident, you must complete a Motor Vehicle Crash Operator Report within 5 days. 

Contact A Peabody, Massachusetts Accident Attorney At The Law Offices of Barry Feinstein & Affiliates P.C.

Your Massachusetts accident or wrongful death lawsuit can benefit from the help of an experienced personal injury attorney. The Law Offices of Barry Feinstein  are ready to help you in the case of a car accident, slip and fall accident, premises liability, product liability, or any other type of accident. We have a wealth of experience and skills in all aspects of personal injury claims.

If you are an accident victim in Massachusetts and require the services of an experienced personal injury lawyer, call Barry Feinstein Law Offices now and get a free case review.

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