Auto Accidents - Massachusetts
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Every year hundreds of auto accidents occur
in Massachusetts (MA). They can cause severe personal injuries
and/or property damages. The resulting financial difficulties
due to lost wages and medical bills can be overwhelming. At the
Law Offices of d'Oliveira and Associates, P.C., we specialize
in auto accident cases and are among the best in the Southeastern
part of the state. Please feel free to contact us or stop by
one of our fourteen locations for
a free consultation.
What To Do Immediately When Involved in an Auto Accident
1. Do not move your vehicle until the police arrive.
2. Obtain names and addresses of any witnesses to the accident.
3. Obtain name and address of the other driver, along with the
license number, registration, and insurance company’s name.
4. Notify your insurance agent or company as soon as possible.
5. Complete an operators report at the local Police station within
five days.
6. Seek medical attention if you have sustained any injury no
matter how small.
7. Call us at d'Oliveira and Associates, P.C., to assist you
with any questions you may have.
Below we have prepared a breif summary of the MA auto accident
laws for your personal use. If you have any questions or need
legal representation please do not hesitate to contact us.
If you were injured in a vehicle registered in MA, PIP is available
to you. This is what is commonly called “No-Fault” insurance,
which means even if it is your fault you are able to obtain PIP
benefits. PIP will pay you or anyone else injured in your automobile
for medical bills, funeral expenses, and 75% of lost wages. The
maximum payment is $8,000 per person.
If you have secondary health insurance such as Blue Cross/Blue
Shield, the PIP insurance carrier is responsible for only the
first $2,000 in medical bills and your private health insurance
carrier may pay for the rest. If they do not, PIP must pay the
balance.
Medical Payments (Med Pay)
If you have this coverage, an additional $5,000 (or more) is
available to pay for medical expenses for you or anyone injured
in your automobile. Unlike PIP, this coverage is not mandatory.
Bodily Injury To Others
Every insured automobile in Massachusetts has a minimum coverage
of 20/40, which means the insurance company will pay up to $20,000
to each injured person, but no more than $40,000 total for all
people injured in an accident. Some automobiles have coverage
with higher limits.
Only the insurance company for the person who is at fault pays
under this coverage. This coverage will compensate an injured
person for lost wages, medical expenses, pain and suffering and
mental anguish.
In order to receive benefits under this coverage, you must first
reach $2,000 in medical bills or sustain a fracture or a permanent
scar.
Uninsured Motorist
Some accidents are caused by drivers who have no insurance or
by a driver of a hit and run automobile. Both situations are
considered “uninsured automobiles”.
If you are injured by an uninsured automobile, you can collect
uninsured benefits from your own automobile policy. In some situations,
you may also collect from the policies of automobiles owned by
your household members (who are also blood relatives).
Your premiums will not increase if you collect benefits under
this part of your policy.
Underinsured Motorist
Sometimes payments under Bodily Injury are not sufficient to
compensate you for your losses. If so, your underinsured coverage
on your policy will pay you additional monies for your losses.
You may collect underinsurance benefits from the automobile
you were in during the accident. In some cases, additional underinsurance
benefits are available from your own automobile, or automobiles
owned by your household members.
Pedestrian Benefits
If you are walking, or riding a bicycle, you are considered
a pedestrian. As an injured pedestrian, your benefits can come
from many sources.
In Massachusetts, you are entitled to PIP benefits from the
automobile that hit you. If anyone in your household had Medical
Payment Coverage, you may utilize it. Additionally, Bodily Injury
benefits are available from the automobile that struck you. Finally,
you may be able to collect from the underinsurance coverage of
people in your household.
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