You Have the Right to File an Insurance Claim After a Car Accident
Are you having unexpected trouble getting a fair insurance claim settlement after a car accident? Many people who eventually become clients of the Law Firm of Connell & Foresta turn to us only after trying unsuccessfully to get their car accident claims settled on their own.
As experienced car accident insurance claims lawyers, we understand that you have questions after a serious accident. You have questions about finances, about medical issues, and about how to negotiate with the insurance companies. At Connell & Foresta, we are always happy to take time to answer your questions about insurance claims after a car accident.
Will My Insurance Rates Go Up if I File a Claim After a Car Accident?
Contrary to what car insurance companies would like you to believe, your insurance rates will not go up if you file an insurance claim after a car accident — as long as you are less than 50 percent responsible for the accident.
What Does It Mean to Make a Claim for Pain and Suffering?
In Massachusetts, a car accident victim who has more than $2,000 in medical bills can make an insurance claim for pain and suffering. Financial compensation for pain and suffering relating to an accident is different from compensation for actual lost wages or medical bills.
Insurance companies may try to calculate pain and suffering in a way that minimizes your injuries or assigns a dollar value to each week you are partially or totally disabled. However, the dollar amounts rarely make any sense to the injured person — nor will they make sense to a jury. If a personal injury claim goes to trial, a jury will calculate pain and suffering by considering the nature of the injury, the certainty of future pain, its severity, and how long the pain in likely to last.
It is not "greedy" to include compensation for pain and suffering in your insurance claim after a car accident. It is your right under Massachusetts law, which clearly states that pain and suffering must be compensated under certain circumstances.
What Happens if my Personal Injury Protection (PIP) Isn't Enough?
Massachusetts is a no-fault car accident state. After a car accident, the injured person's own personal injury protection policy will pay medical bills and lost wages up to the coverage limits. If the coverage limits of your PIP policy are insufficient, then your personal injury lawyer can file a third-party claim against any other driver who was at least 50 percent responsible for the accident.
If you are at fault for the accident at all, your insurance claim payout may be reduced by the percentage of fault assigned to you.
Who Pays My Medical Bills: My Health Insurance or My Car Insurance?
This complicated issue often results in negative financial consequences for car accident victims. A personal injury attorney can handle the coordination of benefits between your medical insurance and car insurance companies. Otherwise, your health care insurance company may demand reimbursement for expenses it paid out of your car insurance settlement amount.
Contact the Law Firm of Connell & Foresta
We have offices in Andover and Newton, and we represent clients in Boston and throughout Massachusetts. Contact us to schedule a free consultation. You will pay no legal fees unless we recover compensation for you.