Articles Posted in Personal Injury

In MA, as in most states, it’s against the law to drive without insurance. Unfortunately, not everyone heeds this law. In fact, nearly 13 percent of all drivers on American roadways are uninsured; that’s about one in eight drivers. If you are involved in an auto accident and the other driver is uninsured or underinsured, what should you do? If you’re not at fault for the accident, the other driver’s insurance should pay for your damages. But if the other driver doesn’t have insurance, who will pay for any resulting medical expenses or vehicle repairs?

The good news is, you can add uninsured and underinsured motorist coverage (UIM) to your existing policy. The bad news is, you can’t add this coverage after an accident with a UIM driver. You have to be proactive. So, what if you’re learning about UIM coverage after it’s too late? A MA auto accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

What to Do Following an Accident with an Uninsured Driver

The steps you should take following an accident with a UIM driver are virtually the same as with any motor vehicle accident.

• Make sure everyone is safe.
• Once you’ve determined that nobody needs immediate medical attention, get the other driver’s information. This includes name, contact information, and driver’s license number. Ask for the other driver’s insurance information.
• Call the police. In addition to providing assistance, police will file a detailed report of the accident. This can be of immense benefit if you decide to file a personal injury lawsuit.
• Contact your insurance company. Tell them you were just involved in an accident with an uninsured driver.
• Immediately following the accident, seek medical attention. Injuries can take days or even weeks to appear.

This is where things get a bit more complicated…

Following most auto accidents, medical expenses and vehicle repairs are at least partially paid for by the at-fault driver’s insurance. If the at-fault driver is uninsured or underinsured, however, you will need to rely on your UIM coverage…if you have it.

• If you have UIM coverage: After you’ve confirmed that the other driver is uninsured, start a UIM claim with your insurance company. If the other driver is under-insured, you should only make a claim for the amount of damages that are over and above the other driver’s policy limits. In such a case, you will need to settle with the other driver’s carrier first. Then you can file with your carrier for any excess amount. Further, your UIM coverage cannot exceed that of your primary coverage. The process of filing a UIM claim is typically longer than for more straightforward claims. A Boston auto accident lawyer can help you recover damages if you’ve been injured by another’s negligence.
• If you don’t have UIM coverage: If you are involved in an accident with an uninsured or underinsured motorist and you don’t have UIM coverage, you have the option of suing the other driver. Unfortunately, uninsured and underinsured motorists often – but not always – lack adequate coverage because they lack adequate funds. In layman’s terms, they are broke. And suing someone with little to no assets or money is unlikely to result in significant compensation to cover any damages and injuries. But if this is your only mode of recovery, the court may be able to set up a payment plan. Although this won’t provide immediate relief, it may allow you to gradually pay off outstanding medical expenses and vehicle repair costs.

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More than two million people are injured or become disabled in car accidents annually in the United States. In many of these accidents, injuries are immediately apparent. But in tens of thousands of annual car accidents, victims don’t exhibit symptoms of their injuries for days, weeks, or even months. If you have been involved in an accident, it’s crucial that you seek medical attention immediately. A medical evaluation can help to determine whether initially-asymptomatic injuries could be hiding under the surface.

Delayed Symptoms May be Warning Signs

The list of injuries that may not initially present symptoms could go on forever. However, there are certain injuries that more commonly fall into this category. In most cases, mild symptoms will precede more serious ones. If days, weeks, or months following a car accident you experience any of the symptoms below (even if mild), it is in your best interest to contact your healthcare provider for a medical evaluation. A Boston injury attorney can help you recover damages if you’ve been injured due to another’s negligence.

• Headaches: A headache that develops a few days or weeks after a motor vehicle crash could be an indicator of bigger problems. A headache can be a warning sign of a concussion, neck injury, or a blood clot. While it’s certainly possible that you “just have a headache,” following an accident, it’s always better to be safe than sorry.

• Back pain: Any type of back pain, from mild to severe, can indicate an injury to the muscles and ligaments in your back. You may have even suffered nerve damage or injury to your vertebrae. A simple x-ray is usually sufficient to diagnose back injuries, but you may require a more sophisticated test, such as an MRI or CT scan.

• Pain or bloating in the abdomen: These symptoms may indicate internal injuries, and may be accompanied by dizziness and fainting. As these symptoms may also serve as warning signs that you are bleeding internally, it is crucial that you seek immediate medical attention. Internal injuries and bleeding can be fatal if left untreated.

• Personality of emotional changes: If you have suffered a traumatic brain injury (TBI), symptoms may not be immediately apparent. If days or weeks following a car crash you find yourself feeling “out of sorts,” you may want to seek medical attention. A health evaluation can generally identify the presence of a TBI. A MA injury lawyer can help you determine how to proceed if you’ve suffered a TBI in a car accident.

• Post-Traumatic Stress Disorder (PTSD): Following a serious car accident, you may experience PTSD. Many people have immediate symptoms of PTSD, but fail to recognize them. The good news is, early treatment generally produces excellent results. Cognitive behavioral therapy (CBT) is a type of counseling that works well with patients who suffer from PTSD. Prolonged Exposure (PE) therapy is another option. There is also a type of therapy known as Eye Movement Desensitization and Reprocessing (EMDR) that is being used more frequently to treat And certain medications, such as selective serotonin reuptake inhibitors (SSRIs), are known to be quite effective.

Altman & Altman, LLP – Top Personal Injury Law Firm in MA

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So you’ve been involved in a collision with someone who doesn’t have insurance, or who doesn’t have adequate insurance to cover your damages. What do you do? Even though MA requires motorists to carry a minimum collision policy, some drivers neglect to follow this rule. Fortunately, most insurance policies provide at least some coverage for accidents involving uninsured or underinsured drivers. Follow the steps below to protect yourself if you end up in  an accident with an uninsured or underinsured driver.

Step #1: Get the Other Driver’s Information

Even if he or she doesn’t have insurance, you need their information for your insurance company, as well as if you decide to file a lawsuit. In addition to name and phone number, get their plate number and driver’s license number.

Step #2: Document the Accident

Call the police. When the police are called to an auto accident scene, they have to file a police report. This serves as official documentation and can be invaluable when dealing with the insurance company, or if you decide to file a lawsuit. Take pictures of any vehicle damage, immediate injuries and contributing factors, such as icy roads, or a stop sign blocked by an overgrown tree. Since the advent of smartphones, most of us have a reliable camera on us at all times. Take lots of pictures from multiple angles. And ask any witnesses for their contact info in case you need to get in touch with them at a later date.

Step #3: Call Your Insurance Carrier and Call an Experienced Boston Car Accident Lawyer

As stated above, most policies provide some type of uninsured or underinsured motorist coverage. This coverage kicks in when the other driver has inadequate insurance coverage, or none at all. The level you have will depend on your insurance carrier and the policy options you chose when you purchased the policy. It may cover all damages, or it may only cover a portion of the damages you incur.

As with the filing of any insurance claim, it helps to consult with a skilled Boston motor vehicle accident attorney right away. Insurance carriers aren’t in the business of letting go of money easily. They will do everything possible to avoid paying out large sums of money, and car accident victims rarely understand the rules of the game unless they are insurance adjusters themselves. Avoid giving a recorded or written statement to your insurer without the advice of an attorney. And don’t accept the estimate of your losses without first obtaining a second opinion. Further, avoid signing releases or waivers without the advice of your attorney.

If the other driver is at fault, he or she will be liable for any damages incurred. Unfortunately, obtaining money from an uninsured or underinsured driver isn’t often an easy task. In most cases, a lack of funds was the reason they didn’t have insurance in the first place. Your best bet is to work with an experienced MA auto accident attorney and your insurance company to obtain the highest level of compensation possible for your insurer. It’s important to understand that many people have insurance coverage to cover damages that are caused by an uninsured motor vehicle.  It also serves as a cautionary reminder to upgrade your current insurance policy to one that includes adequate uninsured and underinsured coverage, if it isn’t already included. Continue reading

The increasing tension that has been building between Uber services and taxi services is being taken to the next level as the two companies have a hearing scheduled for Tuesday morning at the State House. The public hearing is slated to take place at 11:00 AM and is being held by the Financial Services Committee. The hearing will oversee bills filed by Governor Charlie Baker, among others, which have been aimed against Uber and another ride-hailing service known as Lyft.

The ongoing tension between the companies is a consequence in part due to the difference in regulation standards applied to each service. Taxi companies face heavy regulations, whereas the ride-hailing services such as Uber and Lyft face little to no regulations. It seems as though anyone can sign up to be an Uber driver so long as they have a valid license and access to their own vehicle. And while the Uber Company has released statements recently claiming that they do in fact regulate their drivers—it still appears as though they have a lot of work to do. Employees of taxi companies believe that if each of these companies is offering the same general services to individuals that they should all be held to the same standards of regulation. The bill proposed by Governor Charlie Baker calls for a heavier regulation to the Uber and Lyft services—regulations that would more closely mirror the ones implemented in regards to the taxi companies.

Governor Baker’s bill calls for the requirement of Uber drivers and other ride-hailing services to undergo state criminal background checks. There has been an increase of Uber related issues in the past few months and those closely following the cases will agree that criminal background checks should have been required from the beginning of the company’s creation. Women have been sexually assaulted by their Uber drivers, and others have suffered through car accidents during their Uber rides as well. In addition to Governor Baker’s call for criminal background checks, he is also calling for each ride to carry at least $1 million in liability insurance. The hope is to not only settle the disagreement between taxi companies and ride-hailing services, but also to ensure the safety of each customer partaking in these services.

On Sunday, December 15th, several store employees at Aubuchon Hardware in Cohasset, MA found themselves jumping for safety when a 51 year old woman crashed through the front window of their store. McGurl, the woman operating the vehicle, was using a homemade extender taped to the gas petal of her car which she couldn’t reach due to her height. McGurl said she had been using this homemade device (a block of wood and duct tape), for several months. While attempting to back up, McGurl hit the accelerator by accident and crashed through the front of the store into the checkout counter. There was substantial damage to the property and merchandise. Thankfully, nobody was injured in the accident, but McGurl will be summoned to court to answer to the charge of negligent operation of a motor vehicle.

A charge of negligent operation is applied when the driver endangers any person or the public by operating the car in a reckless or unreasonable way. A person can be charged with negligent operation even if they were not involved in an accident. Even if there is no one else on the road, a driver who operates his vehicle in a way that could potentially cause an accident or endanger anyone can still be found guilty of negligent operation. Unfortunately, it is more likely that a negligent driver will be involved in an accident in Massachusetts and that someone will be injured as a result. Though the most common form of negligent operation is drunk driving, a driver does not need to be intoxicated to drive negligently. Other examples of this type of negligence include speeding, tailgating, driving while exhausted, angry, or under the influence of drugs or alcohol, and inattention. If you are the victim of an accident caused by a negligent driver, you are entitled to compensation for your injuries, pain and suffering, lost wages, and the resulting medical costs.
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