Including truck accidents and motorcycle accidents.
Some attorneys view auto accident cases as relatively straightforward. In some cases, that may be true, but usually there are complications, especially in cases which involve substantial injuries with difficult insurance coverage limits. Unfortunately most Massachusetts drivers do not have adequate coverage to compensate someone who is seriously injured, amazingly most cars in Massachusetts have only $20,000 of available coverage!
Some attorneys will merely proceed to obtain the client the limited policy on the other vehicle as settlement of their claim. Our Boston attorneys will make sure every avenue of recovery is explored.
Complicated Issues Often Arise: Finding More Coverage
Did you know that the owner of the car at fault is responsible to pay for your injuries as well as the operator of that car? The owner is responsible for the negligence of an operator, when that car is driven with the permission of the owner.
You may need a lawyer to help you deal with these complexities of insurance coverage.
Your insurance company will need information to grant you your personal injury protection benefits, you need to immediately notify the company of a potential underinsured or uninsured motorist claim or those benefits could be lost. Additionally, often your own insurance policy may cover an accident which did not even involve your vehicle.
Insurance companies in Massachusetts such as Commerce and Safety are reluctant to reveal additional coverage that may be available to an injured victim.
Indeed, Dana of Hull, Massachusetts was injured last year in the car (Red Honda Prelude) pictured above. She suffered a fractured leg and other injuries while in the car as a passenger. Her available coverage was the minimum required $20,000 by law. She settled for that amount. Unknown to her, an additional $100,000 was available to her under a policy the driver of her own car had. Her own insurance company, felt it had no obligation to disclose the additional coverage because the driver was covered by another company. (Dana is also pursuing claims against the operator of the other car).
Our Boston Attorneys are working now to get Dana all that she deserves to help her pay medical bills, the cost of her surgery and something to compensate her for pain and suffering.
It is unfortunate for the severely injured victim when a lawyer fails to uncover any additional insurance that is never disclosed. Many times, however, that is exactly what happens.
When there is a serious accident there may be no evidence that the vehicle was being used in the coarse of business. It often may appear to the that the vehicle was not being used for business at the time. Our attorneys will investigate to determine if the vehicle was in fact being used for business at the time of the accident. This investigation could lead to additional avenues of recovery
Our attorneys know that for the seriously injured victim whose injuries and medical bills far exceed the obviously available insurance on the vehicle: the insurance coverage must be thoroughly investigated.
Accident Reconstruction Experts
To properly litigate complex auto accident case, a team of experts may be needed to evaluate all avenues of potential recovery. Attorneys routinely utilize the services accident reconstruction experts who can analyze the physical and scientific evidence examined at the scene of the accident, the damage to the vehicles involved, to reconstruct precisely how the accident happened.
Attorneys often use highway design experts who are familiar with the design and construction of roads. These experts compare the road construction to state and federal guidelines. Lighting specialists can analyze the type of light present on the roadway at the time of the accident to evaluate its effect upon the drivers involved.
These experts can help resolve complex issues of liability. The operator of the vehicle may not have been able to see adequately in order to avoid the accident because of bad roadway design, poor lighting.
Any case involving an automobile accident requires a routine investigation. Police reports located, witnesses interviewed and photographs taken immediately of the accident scene as well as the damage to the vehicles.
An attorney should also make prompt contact with the insurance company of the negligent driver to find out the available policy coverage limits and to get information from the adjuster about other areas for coverage.
If the negligent vehicle does not have insurance coverage, it is important for you to immediately notify your insurance company to obtain uninsured motorist coverage. To take advantage of this type of coverage, a timely claim must be presented to your insurance company and request for payment under the uninsured motorist provisions of your policy. The failure to do this may result in the loss of your coverage.
In serious injury cases were the insurance coverage is inadequate (remember most cars in Massachusetts have only $20,000 of available coverage) you need experienced, competent counsel to fully explore every possible avenue of recovery. Consider the loss of your future income, lost wages, hospital bills, doctors' visits, medication, immediate and potential surgery, rehabilitation, special transportation, a wheelchair, pain and suffering, are all compensable under the law. In Massachusetts your medical bills need to exceed $2000 (Two Thousand dollars) before you may commence legal action.
Remember the injuries sustained in an accident will be for duration of your life. You owe it to yourself and your family to make sure you obtain the maximum possible recovery for your injuries.
If you have been involved in an automobile accident: contact a Boston Attorney.
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