Challenging Auto Insurance Claims In Massachusetts: Your Rights

If you've been in a car accident in Massachusetts, it's important to know your rights and responsibilities when it comes to auto insurance claims. Massachusetts is a no-fault state, which means that your insurance company will cover your medical bills and other related expenses up to a certain amount, regardless of who caused the accident. However, there may be times when you need to challenge an auto insurance claim, especially if you believe you are being unfairly blamed for the accident. In these cases, it's crucial to gather evidence, such as photos, witness statements, and medical records, to support your case. You should also be aware of the statute of limitations for filing a car accident lawsuit, which is generally three years from the date of the accident in Massachusetts.

Know your rights when dealing with insurance companies

Dealing with insurance companies can be a tricky business, especially in the aftermath of an accident. It is important to know your rights when navigating the claims process. Here are some key things to keep in mind when dealing with insurance companies in Massachusetts:

Your Rights as a Policyholder

As a policyholder, you have the right to expect your insurance company to handle your claim properly, fairly, and with minimal inconvenience to you. To ensure this, be sure to provide accurate information when you buy your policy and when reporting an accident. Giving false information or omitting relevant details can result in your claim being denied. Remember that your insurance company has a financial interest in paying out as little as possible, so they will be looking for any discrepancies in your claim.

Timelines for Claims Settlement

There are no specific time limits for settling claims in Massachusetts. Insurance companies are legally required to pay all claims within a "prompt and reasonable" amount of time. However, this timeframe can vary depending on the complexity of the claim and the need for further investigation. For example, claims related to bad weather may take longer to process due to the higher volume of submissions.

Communication with Insurance Companies

When communicating with your insurance company, it is essential to exercise caution. While most contracts require prompt notification of an accident, be mindful of what you say and provide only factual information without discussing fault. You are not obligated to volunteer excessive details about the incident or your injuries. If possible, seek legal advice before providing any statements to the insurance company, as they may use your words against you.

Dealing with the Other Party's Insurance Company

In a no-fault state like Massachusetts, you typically deal with your own insurance company after an accident. However, the other driver's insurance company may also try to contact you. Remember that you are not required to speak to them, as their primary goal is to protect their client's interests. Consider having an attorney communicate with them on your behalf to ensure your rights are protected.

Releases and Settlements

Be cautious when signing any releases or accepting settlement offers from the insurance company. Their goal is to minimize their financial payout, so they may try to devalue or deny your claim. Do not sign any releases, especially medical releases, without consulting an attorney first. Once you accept a settlement offer, you waive your right to sue for further damages, even if the cost of the accident exceeds the amount you received. Always seek legal advice before making any decisions that could impact your rights and compensation.

Seeking Legal Representation

Consider retaining a car accident lawyer to deal with the insurance company on your behalf. An attorney can help protect your interests, advise you of your legal rights, and handle the day-to-day communications while you focus on your recovery. Most car accident attorneys offer free consultations, so you can understand your options without any financial obligation.

Understand the no-fault system and when you can step outside it

Massachusetts is a "no-fault" state, which means your own insurance covers your medical bills and certain other losses after a car accident, regardless of who caused the crash. This type of insurance is called Personal Injury Protection (PIP) and is compulsory in Massachusetts. PIP insurance covers the cost of medical treatment for you, anyone in the car, someone using the car with your permission, or any injured pedestrian, up to 75% of lost earnings caused by the accident, and replacement services. The minimum coverage amount is $8,000 for any combination of the above.

The advantage of PIP insurance is that it is paid out regardless of who was at fault for the accident. This means that if the total compensation is less than $8,000, you don't need to go through the process of proving who was at fault and filing a lawsuit or personal injury claim against them.

However, there are situations where you can step outside of the no-fault system and file a third-party insurance claim or lawsuit against the at-fault driver. In Massachusetts, you can only seek additional financial compensation, such as pain and suffering or unreimbursed expenses, from the negligent driver under specific circumstances. Your injuries must meet certain thresholds set by state law, including:

• Medical expenses of more than $2,000
• Injuries that involve permanent and serious disfigurement, substantial loss of hearing or sight, or fractured bones
• Death—the surviving family members of wrongful death victims can also seek damages from an at-fault driver.

If your injuries qualify under these definitions, you are not limited to a no-fault claim under your own policy. You can hold the at-fault driver responsible for the accident via a third-party car insurance claim or personal injury lawsuit, and you can pursue compensation for all categories of losses, including pain and suffering and all other available non-economic damages.

Document the accident scene thoroughly

Documenting the accident scene thoroughly is an important step in challenging auto insurance claims in Massachusetts. Here are some detailed instructions to help you through the process:

Stay Calm and Ensure Safety:

In the aftermath of an accident, it's natural to feel shocked or overwhelmed. However, it's crucial to remain calm and composed. Prioritize your safety and that of others involved in the accident by moving to a safe location, away from traffic, especially in high-traffic areas.

Call Law Enforcement:

Contacting law enforcement is in your best interest, especially if there are injuries or significant damage to the vehicles. Their presence facilitates the exchange of information and helps in creating a credible claim. The police report will also aid in determining fault and include other pertinent details you might have overlooked.

Document with Photos and Videos:

Use your smartphone to capture the accident scene from multiple angles. Take pictures of the vehicles before they are moved, if possible, and include landmarks for context. If the accident occurs on a busy road, move the vehicles to a safer location and then take photos. Capture the damage to all vehicles involved, including their license plate numbers, and photograph the drivers and passengers. Additionally, take photos of road conditions, such as ice, rain, or snow, and any nearby intersections or road signs that may have contributed to the accident.

Gather and Exchange Information:

Obtain the names, contact information, and driver's license numbers of all drivers involved. Ask to see their driver's licenses and vehicle registrations to verify the accuracy of the information. Collect the names, addresses, and phone numbers of passengers and witnesses, if any. It is also a good idea to make a video of the scene, capturing the same details you would in photographs, and including witness testimonies if they are willing to provide them.

Obtain Police Officer Information:

Make sure to get the name and badge number of the responding police officer, as this information may be difficult to decipher later on the police report. Obtain a copy of the police report as soon as it is available and carefully review it for accuracy.

Contact Your Insurance Company:

Reach out to your insurance company as soon as possible, regardless of who was at fault. Many insurers allow you to file claims through their mobile apps or provide dedicated phone numbers for reporting accidents. Remember to submit your claim within the insurer's time limit, typically around 30 days, and ask about any deadlines for submitting additional information.

By following these steps, you can thoroughly document the accident scene, which will be invaluable when challenging auto insurance claims in Massachusetts.

Understand the statute of limitations for filing a lawsuit

In Massachusetts, the statute of limitations for filing a lawsuit for vehicle damage is three years from the date of the accident. This deadline is the same whether you are filing a lawsuit for personal injury or property damage. The three-year deadline applies if you are seeking compensation for the repair or replacement of damaged or destroyed property.

If you try to file a lawsuit after the three-year deadline has passed, the defendant will almost certainly ask the court to dismiss the case, and the court will grant the dismissal unless a rare exception applies.

There are a few situations that could pause the running of the statute of limitations clock, effectively extending the deadline:

• If the defendant takes up residence outside of Massachusetts, the time of their absence likely won't be counted as part of the three-year period.
• If the defendant takes steps to fraudulently conceal the cause of the property damage, the clock will probably pause until the property owner discovers the true cause.
• If the property owner is a minor (under 18) or "incapacitated by reason of mental illness" at the time of the accident, they will have three years to file a lawsuit once they turn 18 or have their legal incapacity removed.

It's important to note that the statute of limitations only applies to filing a lawsuit and does not affect the claims process with your insurance company.

Know when to get a lawyer involved

When to get a lawyer involved in challenging auto insurance claims in Massachusetts depends on several factors. Firstly, consider the severity of the accident and your injuries. If you have serious injuries that have led to hospitalization, loss of income, extensive medical bills, or long-term disability, consulting a lawyer is advisable. An attorney can help you navigate complex and challenging situations, especially if your injuries result in long-term complications or affect your quality of life and ability to work.

Secondly, if fault is contested and the other driver or their insurance company refuses to accept liability, you should involve a lawyer. An accident attorney can assist in providing evidence and proving that the other driver was at fault. Additionally, if you believe the settlement offer from the insurance company is too low, an attorney can review the offer and negotiate on your behalf to potentially increase the settlement amount.

Thirdly, if your case is likely to go to court, it is in your best interest to have legal representation. Court proceedings involve formal rules, protocols, and technical rules of evidence that an attorney can help you navigate.

Other scenarios that may warrant legal assistance include accidents involving pedestrians, construction zones, uninsured drivers, disputes over insurance coverage or premiums, and instances where your insurance company exhibits concerning behaviour, such as acting cagey or involving their attorneys.

It is important to remember that insurance companies have their own attorneys working to protect their interests. Therefore, having your own legal representation can help ensure your rights are protected and that you receive fair compensation. Many accident attorneys offer free consultations, so it is worth exploring this option to understand your potential claim and any red flags in your case.

Frequently asked questions