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Passengers’ Rights Following a Massachusetts Car Accident

Under Massachusetts law, passengers who suffer injuries in a car accident may be entitled to compensation for the damages they endured. Typically, drivers who suffer injuries in a car accident may only seek compensation from other drivers and insurance companies. However, passengers seeking compensation are in a unique position because there may be more than one liable party.

Insurance companies consider passengers as third parties, and the law allows injury victims to file a claim through the driver’s personal injury protection plan or their medical payment coverage. Depending on the amount of fault, passengers may file a claim against one or both of the drivers. If the drivers do not have appropriate coverage to cover the passenger’s losses, the victim may file a claim through their insurance policy’s under/uninsured motorist benefits.

These policies compensate for medical expenses and a portion of lost wages or similar economic damages, but they do not cover pain and suffering. In most cases, passengers cannot receive costs for more than what is necessary for recovery, regardless of how many insurance companies provide coverage. However, there are some exceptions, and it is important that accident victims contact an attorney to discuss their rights and remedies in these cases.

Recently, a Massachusetts single-vehicle accident resulted in the death of two 2019 high school graduates and severe injuries to a third occupant. According to a local news report, police officials arrived at the scene right after the vehicle caught on fire. Police were able to remove one of the victims from the car right before the fire engulfed the entire vehicle. The driver and a backseat passenger died at the scene of the accident, but the front seat passenger was rushed to the hospital in stable condition. Police are continuing to conduct an investigation and engage in accident reconstruction to determine the cause of the crash.

In situations such as this, the representative of the deceased and surviving individual may file a personal injury or wrongful death lawsuit against anyone responsible for the accident. Damages in these types of cases typically include medical bills, rehabilitation and physical therapy, lost wages, lost earning potential, and other similar losses. Although, it can be challenging to file a claim against a friend or loved one who is responsible for the accident, victims must understand the long-term emotional, physical, and financial consequences of these types of incidents.

Have You Suffered Injuries as a Passenger in a Massachusetts Car Accident?

If you or someone you love has suffered serious injuries in a Massachusetts car accident, consider contacting the Law Offices of Barry Feinstein and Affiliates P.C. The attorneys at our law firm have been successfully representing car accident victims for over 25 years. We have recovered substantial compensation on behalf of our clients through settlement and litigation. We possess the unique ability to provide our clients with compassion and respect during these trying times, while fiercely advocating on their behalf. We are continuing to provide our clients with diligent representation through the ongoing COVID-19 pandemic. Contact our office at 800-262-9200 to schedule a free initial consultation with an attorney at our law firm.


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