Even the most careful drivers get into accidents. If you've been in a car accident in Massachusetts and were a passenger at the time, you may be wondering about your rights and how to claim compensation for any injuries you have sustained. Thankfully, the Commonwealth of Massachusetts has specific guidelines and procedures for passengers to file claims.
This article outlines critical steps, from seeking immediate medical attention and gathering evidence at the scene to consulting with a personal injury attorney and negotiating settlements with insurance companies.
Understanding Passenger Rights
In Massachusetts, as a passenger, you have rights irrespective of who is at fault – whether it's the driver of the vehicle you were in or the driver of another vehicle. This means that even if the driver of the car you were in was responsible for the accident, you could still file a claim to pay for your missed income, medical bills, and other associated costs.
#1 Seek Medical Attention Immediately
Your health and safety come first. If you're injured, seek medical attention immediately. Even if you believe you've sustained minor injuries, seeing a doctor is crucial. Some injuries manifest symptoms later on, and having a medical record can serve as important evidence when filing your claim.
#2 Gather Necessary Information at the Scene
Collect as much information as you can at the accident scene:
- Details of all involved vehicles: license plates, make, model, and color.
- Contact information of all drivers and passengers.
- Insurance information of all drivers.
- Witness contact details.
- Take photos of the accident scene, vehicle damages, and any visible injuries.
#3 Report the Accident
In Massachusetts, if the accident caused death, injury, or property damage exceeding $1,000, it must be reported to the local police department, the Massachusetts Registry of Motor Vehicles (RMV), and your insurance company within five days. Failure to report can lead to penalties.
#4 Notify the Insurance Companies
Even if you weren't driving, notify your insurance company about the accident. Massachusetts is a "no-fault" state, which means your Personal Injury Protection (PIP) coverage will pay for your medical bills and lost wages up to your policy limit, regardless of who was at fault. If your expenses exceed the PIP limit or if you've suffered severe injuries, you can then submit a claim under the at-fault driver's policy.
#5 Consult with a Personal Injury Attorney
Given the complexities involved in passenger claims and the potential for multiple insurance policies to come into play, it's recommended to consult with a personal injury attorney familiar with Massachusetts laws. They can help you through the entire process, represent you in negotiations with insurance providers, and make sure you get the compensation you deserve.
#6 File Your Claim
After consulting with an attorney, and once you've gathered all necessary documentation (medical bills, wage loss proof, etc.), file your claim. Remember:
- Stick to the facts: Detail the events of the accident as accurately as possible.
- Be timely: Massachusetts has a statute of limitations, typically three years from the date of the accident, to file a personal injury lawsuit.
#7 Negotiate a Settlement
Most passenger claims are settled out of court. After you submit a claim, the insurance provider will evaluate it and likely make a settlement offer. With the help of your attorney, negotiate to get the best possible compensation. If negotiations don't yield satisfactory results, consider filing a lawsuit.
Filing a passenger claim in Massachusetts might seem daunting, but with the right steps and professional guidance, you can navigate the process effectively. It's important to remember to put your health first, obtain as much documentation as you can, and speak with an experienced lawyer to make sure your rights are upheld and you get the compensation that you deserve.
Brandon J. Broderick, Massachusetts Personal Injury Lawyer
Working with an experienced Massachusetts personal injury attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees only collected if we win your case. If we don’t win, you don’t pay.
With our proven track record of success with personal injury settlements and our commitment to client care, we can turn your setback into a comeback. Contact Brandon J. Broderick, Attorney at Law, for a free consultation.
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