Dealing with property damage insurance claims after a motor vehicle accident that takes place in Massachusetts can be overwhelming and confusing. The questions of which party caused the accident, whether it was based on negligence, and what kind of insurance policies both drivers have are all taken into consideration. A basic understanding of policy limits, collision coverage, and comprehensive coverage can be immensely helpful in the event of an accident. If you are involved in an accident, it is in your best interest to contact an attorney immediately. Without legal representation, knowing your rights and interpreting certain information may be a challenge. For example, the insurance adjuster may present a damage repair estimate that is much different than the one you have obtained. Understanding the legal aspects of motor vehicle accidents and property damage is essential to protecting your rights and obtaining compensation if the other driver is at fault.

Understanding Policy Limits

When damage to your vehicle is a result of another driver’s negligence, it can be covered only up to the policy limit of that driver’s insurance coverage. Their insurance company is only required to pay out the amount available in the plan they have chosen. If the damage is less than their policy offers, the other driver’s insurer will send a check for the full amount of damages determined by estimates and property worth. However, if the damage exceeds the amount their plan covers, you will have to examine your own policy’s collision coverage to determine if the difference will be covered.

Understanding Collision Coverage

With collision coverage, your insurance policy will cover the amount of damage to your vehicle (minus the deductible) regardless of who was liable. However, the amount may not exceed policy limits. In order to use your collision coverage to subsidize the difference between the damage amount and the other driver’s property damage coverage, your collision coverage must exceed the at-fault driver’s property damage coverage. This only applies to auto insurance. If a building was damaged, such as a garage or home, your homeowner’s insurance policy would determine how to proceed.   Continue reading

Dealing with the aftermath of a car accident can be overwhelming, especially while recovering from a subsequent injury. Stress is likely to increase when the driver at fault has inadequate auto insurance coverage or no coverage at all. To protect yourself from unnecessary medical and property damage expenses, it is important to include uninsured and underinsured motorist coverage in your plan. The Insurance Research Council’s latest report reveals that, although the number of uninsured motorists has experienced a downward trend over the past five years, the amount of uninsured claims has increased an estimated 75%. In 2012, insurance companies paid out over $2 million in uninsured / under insured motorist claims.

Uninsured Motorist Coverage

Uninsured motorist coverage allows you to make a claim against your own insurance company when the at-fault driver carries no auto insurance. Although there is an option to sue the at-fault driver, it is likely that he or she will not have the funds to compensate you. Claims against your own insurance company can be as high as the limit of coverage and will cover both property damage and medical expenses.

The statute of limitations for uninsured motorist claims typically provides a very short period during which to file. Therefore, it is in your best interest to report a claim as soon as possible. Try to exchange insurance information with the at-fault driver at the scene of the accident. If the driver does not comply, ask the police officer involved to check the insurance information of everyone involved. Continue reading

The National Highway Traffic Safety Administration estimates that a person is injured in a car accident every 10 seconds. Crashes affect approximately three million Americans annually. From fender benders to catastrophic collisions, car accidents can be costly.  Statistics show that motor vehicle accidents are the leading type of traumatic event for men, and the second most frequent trauma for women in the United States. The psychological effects of even the most minor accident may become debilitating over time. Anxiety, depression, phobias, and post-traumatic stress disorder are the most common conditions experienced by car accident victims. These issues may call for medical attention or time away from work.  Our Massachusetts car accident lawyers have seen how such a trauma can effect accident victims.

Post-Traumatic Stress Disorder

A recent study reveals that post-traumatic stress disorder (PTSD) affects 10% to 45% of car accident victims. While feelings of fear, loss of control, anxiety, and stress are typical responses after any kind of trauma, they tend to dissipate over time. What differentiates PTSD from these other conditions is the long lasting or recurring nature of the symptoms. These symptoms may include:

• Re-experiencing Symptoms – Often referred to as flashbacks, this is when a victim has episodes of physically and emotionally re-living the accident. This may also manifest through nightmares and other negative experiences.
• Avoidance – This is a defense mechanism used to keep the victim from initiating memories of the crash. He or she may avoid the site of the crash, or any people involved that trigger anxiety.
• Changing beliefs – A traumatic car accident may induce a shift in a victim’s perspective of people, activities, or self-image. This is usually considered as another avoidance mechanism. New feelings of fear, guilt, and shame are common.
• Hyper-arousal – This is when an accident victim exhibits a nervous, hyper-alert state. He or she has trouble releasing tension and may have difficulty focusing or sleeping.

Continue reading

Whiplash is the most common motor vehicle accident-related injury. However, it is also widely misunderstood. Unfortunately, the term “whiplash” has become associated with exaggerated personal injury claims. In fact, most attorneys refrain from using the term whiplash in the courtroom, instead referring to the specific injury’s technical name. Whiplash-related injuries may include hyperextension/hyperflexion or myofascial injury, neck strain or sprain, and cervical strain or sprain.

The term whiplash encompasses a number of neck injuries that are most commonly suffered as a result of a rear-end collision. When the body is propelled forward but the head and neck stay in place, such as in a rear-end auto accident, damage to the soft tissue of the neck may occur. This sudden jerking and stretching of the neck muscles occurs in a whip-like motion, hence the name.

Common Causes of Whiplash

Although rear-end collisions are the main cause of whiplash injuries, damage to the soft tissue of the neck can occur under many circumstances. These may include:

Continue reading

A general decrease in car accidents and vehicle related fatalities has been taking place in Massachusetts over the past six years or so. While some counties (Worcester and Plymouth primarily) are still experiencing fluctuating numbers between years, a steady overall decline seems to be developing. Most online records have not been updated since 2012-2013 but the graphs provided indicate that this is a trend that could realistically continue.

Car crashes, fatalities, and serious injuries stemming from car accidents have decreased substantially from 2010-2012. The statistics do show a slight increase in fatalities between 2010-2011, but then the numbers become lower again during the 2011-2012 time frame. The Massachusetts Government reports that the total number of car crashes between 2010 and 2012 has dwindled by as many as 8,317. The National Highway Traffic Safety Administration similarly reported that in 2010 motor vehicle crashes resulted in the lowest number of fatalities since 1949. Continue reading

If you are driving this July 4^th weekend, whether it is locally or out-of-state, there are a few things you may need to observe in order to ensure your safety on the road. Times of celebration bring to mind more pleasant ideas than driver safety, but it is important to remember that holiday times tend to be some of the most dangerous times of the year in terms of road conditions.

In preparation for your road trip, there are essential things you can check on and within your vehicle to make sure that you are in a safe driving condition. The most basic item you could tick off your checklist first would be your tires. Checking your tire pressure before you take to the streets can be a key difference maker in terms of your fuel efficiency, and it can also play a vital role in your safety as well.

Another important item to check the quality of is your car’s battery. If you know that it has been awhile since you last replaced the battery in your car, it could be time to consider changing the battery for a new one. If you feel as though this can wait until you return from your trip, it would be a good idea to keep jumper cables handy in case you were to need them. In terms of driving, it is always better to be prepared for any possible circumstances that may arise. Continue reading