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Filing an insurance claim after a car accident

On Behalf of | Oct 15, 2020 | Motor Vehicle Accidents

Car accidents occur all too frequently in Massachusetts, and some of them can have serious consequences. Victims might face a lengthy recovery, become unable to work at the same capacity as before or no longer enjoy quality time with loved ones. To add to the stress, accident victims will be dealing with the insurance companies, too.

Insurers are for-profit companies

Insurance companies are the ones that will be paying out for most accident victims’ injuries and other losses. The insurers will defend those who are the subject of a personal injury claim, and to this end, they may reach out early on to the victims after an accident to get them to agree to a low-ball settlement instead of filing a claim. It should be remembered that insurers are looking to make a profit, so their initial offer is likely as low as possible.

Understanding negligence laws

Those who do pursue a personal injury claim should know if the state they are in is an at-fault or no-fault state. Massachusetts is a no-fault state and requires all drivers to carry personal injury protection. PIP is the coverage that suffices for most accident victims. However, those whose injury-related expenses surpass the “serious injury” threshold can file a third-party insurance claim. Plaintiffs must be less than 51% at fault to qualify.

Legal help for car crash victims

Those injured in motor vehicle accidents on account of another’s negligence may have good grounds for a third-party insurance claim. You may want a lawyer to evaluate your case, though, and see if the losses surpass the threshold. The lawyer may negotiate on your behalf for a reasonable settlement out of court, litigating if one cannot be achieved. If successful, you might be compensated for medical bills, lost wages, pain and suffering and more.