In the aftermath of a car accident, facing a mountain of medical bills and car repair costs can feel overwhelming. While insurance exists to provide safety nets in such situations, navigating the process of filing a claim can be complex, especially with specific aspects dictated by state laws. In Massachusetts, understanding your rights and responsibilities under state law is crucial for maximizing your chances of a fair and swift resolution. 

What To Do

Report the accident immediately: According to Massachusetts General Laws Chapter 90, Section 26, drivers involved in an accident with death, injury, or property damage exceeding $1,000 must report it to the police within 24 hours. Delaying can raise doubt about the legitimacy of your claim.

Seek medical attention

Even minor injuries can worsen over time. Ensure proper diagnosis and treatment to establish a link between the accident and your injuries. Promptly document all doctor's visits and medical expenses.

  • Gather evidence

Take detailed photos of the damage to your car and the accident scene. Collect contact information of witnesses and other drivers involved. Keep copies of police reports, medical records, and repair estimates.

  • Review your insurance policy

Familiarize yourself with your deductibles, coverage limits, and any exclusions that may apply to your claim. Most Massachusetts car insurance policies include mandatory personal injury protection (PIP) and collision coverage.

  • Contact your insurance company

Report the accident within the timeframe specified in your policy. Be truthful and factual in your communication. Avoid admitting fault or discussing details beyond the basic facts.

  • Seek legal counsel

While you can initially manage the claim, consulting a Massachusetts car accident lawyer can be your best bet for maximizing compensation. Lawyers understand the intricacies of insurance law and can advocate for your best interests. A 2022 study by the American Bar Association found that individuals represented by lawyers received 3.5 times more in compensation than those who went it alone.

What Not To Do

  • Discuss the accident on social media

Publicly posting details about the accident can be used against you by the insurance company. Maintain privacy and refrain from sharing information online until your claim is resolved.

  • Give recorded statements without your lawyer present

The insurance company may request a recorded statement. Remember, they are looking for ways to minimize their payout. Consult your lawyer before agreeing to any such requests.

  • Sign releases or accept lowball settlements

Insurance companies often try to settle claims quickly for minimal amounts. Don't feel pressured to accept an offer if it doesn't cover your losses. A lawyer can help you negotiate a fair settlement or pursue legal action if necessary.

  • Ignore deadlines 

Insurance companies have strict deadlines for filing claims and submitting documentation. Missing a deadline can jeopardize your claim.

  • Lie or exaggerate your injuries

Misrepresenting facts can damage credibility and jeopardize your claim.

Massachusetts-Specific Considerations

  • Fault vs. No-Fault System: Massachusetts operates under a no-fault system for car insurance claims involving personal injury. Regardless of fault, your insurance company will initially cover your medical expenses up to your PIP coverage limit. However, you may still pursue a lawsuit against the at-fault driver to recover for pain and suffering and other economic losses exceeding PIP limits.

  • Statute of Limitations: According to Massachusetts General Laws Chapter 260, Section 2A, you must file a personal injury lawsuit against the at-fault driver three years from the date of the accident.

Navigating insurance claims after a car accident in Massachusetts can be complex and stressful. While this blog post provides general dos and don'ts, seeking legal counsel from a qualified Massachusetts car accident lawyer is highly recommended. Remember, an experienced lawyer can protect your rights, ensure you receive fair compensation, and guide you through the legal intricacies of your claim. Don't hesitate to advocate for yourself and get the help you deserve after a car accident.