The lawyers at Dailey & Borsellino, P.C. in Dedham are experienced in handling car accident cases and claims throughout Massachusetts. We have successfully navigated our clients’ cases from the initial insurance claim stages through trial.
Ascertaining who was at fault for a car accident simply means determining who was careless or “negligent” and thereby responsible for causing the happening of the accident. A failure to use reasonable care in operating a motor vehicle constitutes negligence.
The following represent just a few illustrative examples for the basis of determining negligence in a car accident that our attorneys look for:
- Distracted Driving [texting and/or talking on cell phone].
- Drunk Driving and/or Driving While Impaired by Drugs-
- Including “Legalized Marijuana.”
- Failure to Obey Traffic Signal Lights
- Taking a Left Turn Across the Path of Oncoming Traffic.
- Failure to Obey Posted Speed Limits.
- Failure to Obey Stop Signs.
- Rear-Ending Another Vehicle.
- Failure to Yield the Right of Way.
- Failure to Obey the “Rules of the Road”
- Failure to Repair the Roadway.
- Loss of Unsecured Load Onto the Roadway.
In Massachusetts we have what is commonly referred to as “No-Fault Insurance.” Generally, under the Personal Injury Protection (PIP) or No-Fault coverage, PIP provides up to $ 8,000 in benefits that can be used to pay medical expenses and reimburse you for lost wages resulting from a car accident.
Our attorneys know that the auto insurer of the vehicle you occupied at the time of the crash or vehicle that struck you if a bicyclist or pedestrian, will pay the first $ 2,000 of all reasonable and necessary medical expenses related to the car accident. If you maintain private health insurance, then all bills in excess of $ 2,000 under Massachusetts law must then be submitted to your private health insurer for payment. In the event you did not maintain private health insurance or your private health insurer denied paying your medical bills then the bills would next be submitted to PIP for consideration of payment up to the $ 8,000 PIP coverage limits.
When you lose income due to car accident related injuries, PIP also provides for up to 75% of lost wages up to a maximum of $ 8,000 under the No-Fault coverage.
If optional Medical Payments of “MedPay” coverage was purchased then additional benefits may be available to pay for medical expenses.Hit and Run and Uninsured Drivers
Our experienced attorneys know that sometimes accidents are caused by drivers of stolen cars, “uninsured” vehicles [autos with no insurance] or hit and run vehicles. In those instances, you may still be able to bring a claim and recover compensation for your injuries. In this scenario a claim may be asserted against your own policy for “uninsured” benefits. Even if you bring such a claim you will not be surcharged or otherwise see your insurance rates increase as long as you were not deemed to be more than 50% at fault for the accident. Many people protect themselves with uninsured policy limits of $ 250,000/$ 500,000 or $ 500,000/$ 500,000.Underinsured-Drivers With too Little Insurance
The skilled attorneys at Dailey & Borsellino, P.C., have extensive experience with “underinsured” claims. Sometimes people are injured in auto accidents caused by drivers of vehicles that turn out to be “underinsured.” For example, a person who suffers serious injury necessitating surgery when rear-ended by another vehicle that maintained only minimum insurance coverage [$ 20,000] may be able to then pursue additional “underinsured” coverage through one’s own auto policy after obtaining the $ 20,000 from the other driver’s insurer. Again, even if you bring such a claim you will not be surcharged or otherwise see your insurance rates increase as long as you were not deemed to be more than 50% at fault for the accident. Again, many people protect themselves with underinsured policy limits of $ 250,000/$ 500,000 or even $ 500,000/$ 500,000. So in the scenario where you are injured through the fault of another, collect that other driver’s $ 20,000 policy limit, if you have $ 250,000/$ 500,000 in coverage, you would be able to pursue up to $ 230,000 on your own underinsured coverage, as the amount you recovered from the other driver [$ 20,000] offsets against your available coverage [$ 250,000]. So after applying that offset you could pursue up to [$ 250,000 - $20,000 =] $ 230,000 for your injuries and damages.
Having handled an abundance of such cases through the years, our lawyers know that Uninsured and Underinsured coverage can protect you and your household family members following a crash. It’s a good idea to check with your insurance agent to see if you and your family are sufficiently protected in this regard.Contact an Experienced Massachusetts Car Accident Lawyer Today
Please call us at 781-329-9500 or use our contact form. Get your free legal consultation today with an attorney from Dailey & Borsellino, P.C.