Massachusetts insurance laws are designed to compensate you for your injuries in a motor vehicle accident regardless of fault. When a minor accident occurs, recovering compensation for damages may be more straightforward. However, severe accidents that create tremendous debt can lead to financial hardship, requiring you to seek other forms of compensation.
Proceeding with the options available to you when you are burdened with significant costs after a car accident in Massachusetts can be confusing and lead to missed opportunities to maximize the amount of compensation you may be legally entitled to. DiBella Law Firm offers nearly two decades of experience in Massachusetts law, securing several million dollars in settlements and verdicts to help those we serve to recover when tragedy strikes.
When you work with a Massachusetts car accident lawyer with DiBella Law Firm, you will immediately feel valued as a client because every case is personal to our team.
My Damages in a Massachusetts Car Accident Are Over Policy Limits
The damages you incur following a Massachusetts car accident can add up quickly. When these amounts exceed your policy limits and meet specific criteria under Massachusetts law, you may file a claim against the other driver’s insurance. To sue for a car accident in Massachusetts (Mass. Gen, Laws Ch. 231 §6D):
- Associated costs of pain and suffering must exceed $2000
- Severe injuries, such as broken bones, must occur
- Death occurred
- Partial or whole loss of a body’s part occurs
- Severe or permanent disfigurement results
- A loss of sight or hearing is caused
Each driver insured in Massachusetts must meet basic auto insurance requirements. You may file a claim with the at-fault driver’s insurance company, which may cover your damages up to their policy limits. However, these amounts are often hard won and fought for when a Massachusetts car accident attorney strives to negotiate a higher car accident settlement.
Give us a call today to discover how we can assist you.
Filing a Lawsuit in a Massachusetts Car Accident
Working with a car accident lawyer in Massachusetts to determine the most beneficial avenue for compensation is often critical to the success of your claim. When settlement negotiations fail, filing a lawsuit in a Massachusetts car accident allows you to step outside of the boundaries of policy limits and seek financial recovery for each of the losses you incur.
The at-fault driver’s insurance provider may seem willing to help by offering some coverage, but these amounts rarely meet the needs of our injured clients.
It is beneficial to the insurance company when they can attribute a portion of the fault in the accident to you. Shared liability laws in Massachusetts allow individuals to seek compensation for their damages if their portion of fault does not exceed the threshold established under the modified comparative negligence system.
Once the fault of each driver in a Massachusetts car accident has been established and a driver is allowed to seek compensation by law, their compensation amount is then reduced by their percentage of fault.
Without solid evidence and sound documentation, your claim may be significantly reduced if you are attributed more negligence in the accident than you deserve. Should a car accident lawsuit go to court and a jury rules in your favor, the insurance company will pay the determined amount of damages up to the at-fault driver’s policy limits. However, you may still have expenses exceeding these limits.
A Driver’s Responsibility for Damages Over Massachusetts Policy Limits
When a jury rules in your favor, the at-fault driver may be personally responsible for the remaining balance of damages owed to you. These damages are considered out-of-pocket expenses to them. The following circumstances must exist to receive compensation from the at-fault driver:
- The at-fault driver must have the financial resources or wealth to compensate you
- Valuable assets owned by the negligent driver can be seized to compensate for your damages
Unfortunately, having these options will depend on the personal finances of the individual responsible for the accident. When these options do not apply, the insurance company’s limits, in conjunction with your own coverage, may be your best options for recovery. When you enlist the help of a car accident attorney in Massachusetts at DiBella Law Firm, you are assured that a comprehensive evaluation of your case and the potential options for compensation will be thoroughly assessed for your benefit.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
How to File a Massachusetts Car Accident Lawsuit
Whether you’re involved in a fender bender leaving Fenway Park or a severe accident occurs while driving home from dinner in Methuen, the steps you take following the incident can allow you to become the initial advocate in your claim.
Your health and safety are the number one priority. Only take the first step when it is feasible to do so without risking further injury:
- Document the accident by taking photos of the scene and your injuries, speak with law enforcement, and gather contact information for the other drivers involved and witnesses to the accident.
- Contact your insurance company to notify them of the incident and to initiate the benefits under your personal policy.
- Contact DiBella Law Firm, allowing a member of the team to begin the legal process, mediate and negotiate on your behalf with the insurance company, and assess your claim’s strength to determine if suing is the best legal option when your damages exceed policy limits.
Maximizing your compensation, allowing you to return to the state of health and financial soundness you experienced before the accident, is paramount. We will discuss the options for compensation under your coverage, such as PIP (personal injury protection) coverage or uninsured motorist coverage if the at-fault driver does not have insurance. Optional coverages on your policy may also apply, and optimal coverage should be fought for.
Get in touch with us today to get a free consultation.
Discuss a Massachusetts Lawsuit for More than Policy Limits
When a car accident in Massachusetts is not your fault, you should not have to pay for it. A Massachusetts car accident lawyer at DiBella Law Firm is ready to work with you to pursue a lawsuit for damages when they are more than policy limits. We will thoroughly assess your damages to seek the maximum compensation available to you under the law.
We are committed to providing valuable information and resources to assist you.
