Auto Accidents

Massachusetts Car Accident Lawyers

One of the Largest Personal Injury Firms in Massachusetts

In Massachusetts, the laws and statutes concerning motor vehicle accidents are quite complex and subject to frequent change. Accordingly, the process of recovery for resulting personal injuries has become quite complicated. It requires a complete understanding of the various existing coverage in your automobile insurance policy as well as a working knowledge of how they apply to the facts of your accident. Many of these coverages are mandatory in Massachusetts; others are only available should you elect to purchase additional coverage. Even if you are at fault, you still may have the right to a recovery depending on which of these mandatory coverages apply and the extent of the other benefits in your policy.

Before you sign anything papers or agree to a settlement offer from an insurance company, contact car accident attorneys at Keches & Mallen. We will protect your rights and ensure you aren't misled or taken advantage of by insurance companies interested in reducing their costs.

Insurance FAQs

In the claims process, insurance companies have always held a big advantage over their insured. Carriers, armed with a battery of legal and forensic experts and extensive resources used to investigate and handle claims, have often projected a "David and Goliath" image when dealing with an insured that challenges the settlement of his claim. Typically, the insured does not understand the claim process until a loss occurs. Without foreknowledge of the policy, coverage, exclusions, and interpretations, the insured feels helpless when presented the carrier's interpretation and settlement offer. Oftentimes, the insured recovers far less than what the policy provides. We know the claims process and how to challenge the large insurance companies. Our attorneys are well versed in interpretation of insurance policy language and litigation of insurance claims. The following is a basic analysis of the complicated and intricate system of benefits available to those who have received personal injuries in an auto accident.

"Colossus" -- How the Insurance Industry Calculates Losses

Most insurance companies use a software called "Colossus" to determine losses in a car accident claim. Since a claims adjuster has to enter certain information into Colossus, results can differ depending on what factors are taken into account. Additionally, Colossus does not consider non-economic damages like pain and suffering. At Keches & Mallen, our attorneys understand the shortcomings of Colossus and are prepared to undermine its methodology and assumptions when the settlement offered does not meet our the cost of our client's losses.

Personal Injury Protection - PIP Benefits

This coverage is commonly referred to as "No Fault" insurance. It is available for all motor vehicles except motorcycles and certain recreational vehicles. If you are injured in a motor vehicle accident, PIP may pay medical or funeral bills and 75% of lost wages up to the statutory maximum of $8,000.00 for each injured person. These benefits are available for two years after the accident. Under the new law, however, your regular health care provider may be responsible for certain medical bills once the PIP insurer has paid the first $2,000.00 in accident-related medical bills. To obtain PIP benefits, the appropriate application and supporting documents must be prepared and filed with your insurance company.

Medical Payments

This coverage is not mandatory and can be obtained in various amounts as optional coverage. It applies to all those who are injured in your auto on a per person basis. It will pay for medical and funeral expenses up to the policy coverage. These benefits are in addition to the medical payment under PIP allocation and usually are used in conjunction with other health plan policies that you may have. To increase the total aggregate of our medical coverage, you should exhaust the benefits available in your auto policy before using other health insurance.

Bodily Injury

Every automobile registered in Massachusetts must have the minimum statutory coverage of $20,000.00/$40,000.00 and there is optional coverage available for higher limits. This means that the insurance company of the individual at fault will pay up to $20,000.00 to each injured person; but in no event will there be a payment greater than $40,000.00 for all who have been injured in the same accident. This recovery is for lost wages, pain and suffering, and medical expenses. Payment under this section of the auto policy is not automatic; the negligence of the person at fault must be determined and certain other statutory requirements must be met.

Underinsurance Coverage

This coverage is applicable when benefits under the bodily injury portion of the policy have been exhausted, and the severity of the injury sustained warrants a higher monetary recovery. This coverage is not required by law. It is optional. It is important that you ask your insurance agent to secure this coverage for you. We strongly suggest that you purchase the highest possible limits on both underinsured and uninsured motorist coverage. This is particularly important because multiple insurance policies can no longer be "stacked." Also, the insurer is entitled to an offset against underinsurance coverage for any prior payments made to you for your bodily injuries.

Uninsured Coverage

This is similar to bodily injury coverage in that both coverages have the same minimum statutory limits and are required by law. As with most insurance, higher benefits can be optionally purchased. The benefits under this section can prove to be invaluable in the event that you are injured by a hit-and-run vehicle or by someone who has no auto insurance whatsoever. When this happens, the uninsured coverage of your own auto policy and those of your household members may become available to supply these needed benefits.

Remember, an experienced attorney can assure that you and your family receive all that you are entitled to in the event that you are injured in a motor vehicle accident. Whether you were the operator, a passenger, or a pedestrian, we at Keches & Mallen, P.C. have the skill and expertise to protect your rights and to do everything on your behalf to obtain a settlement commensurate with the injuries sustained and the negligence of the parties involved.

For more information about car accidents, visit our Car Accident Information Center. If you have been injured and have questions about insurance coverage, liability, or disability, contact the law office of Keches & Mallen today.