Personal injury car crash in Mass.

Asked over 1 year ago - 01845

I was in an auto accident and sustained serious injuries in MA. I was a passenger. The auto insurance co. for the driver is claiming that their client (driver) does not have cover passengers. I did get a copy of his policy and the contract details do state that guests shall not be covered by this policy.

Does this sound right? Does this mean I cannot sue his insurance company for pain/suffering? I understand PIP coverage is up to 8k, but I'm talking more about over and above this amount for pain and suffering.

Attorney answers (13)

  1. Jonathan Alexander Karon

    Contributor Level 8

    22

    Lawyers agree

    Answered . You have the right to file suit against the driver if the driver's negligence injured you and if you incurred more than $2000 in medical expenses or broke a bone. The driver is required to have at least $20,000 in liability coverage on MA. If you sustained any serious injury you should consult an attorney who can go over the facts in detail and explain Massachusetts law regarding claims for injuries sustained in an auto accident. Good luck.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    20

    Lawyers agree

    Answered . A personal injury lawyer can review the coverage including your own UM uninsured motorist coverage.

  3. Kenneth P Doherty

    Contributor Level 11

    18

    Lawyers agree

    Answered . Sounds like he did not purchase guest coverage. You can still make a claim, though. Either through your own policy, or household policy, if available; or against your drivers uninsured policy.

    This is an advertisement for legal services. No commentary on this website is intended to be legal advice. No... more
  4. Emma A. Kremer

    Contributor Level 15

    17

    Lawyers agree

    Answered . Generally speaking, the PIP coverage is around $10,000 or so. If you sustained serious injuries due to the negligence of the driver of the car that you were in or that of the other driver, you should consult a personal injury attorney experienced with such cases as soon as possible. You should also make sure you are seen by a doctor or an expert arranged by an attorney. Because you are seeking damages above and beyond the coverage of most auto insurance policies, you likely will need to pursue legal action to recover for pain and suffering, medical treatment, etc. Best of luck.

    Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.)... more
  5. Kenneth P Doherty

    Contributor Level 11

    16

    Lawyers agree

    Answered . Sounds like he did not purchase guest coverage. You can still make a claim, though. Either through your own policy, or household policy, if available; or against your drivers uninsured policy.

    This is an advertisement for legal services. No commentary on this website is intended to be legal advice. No... more
  6. Elliot S Coren

    Contributor Level 11

    16

    Lawyers agree

    Answered . Hi

    It is difficult to asnwer your question without knowing all the insurance policies in play. However, you can claim against the person causing the asccident as well as against the driver of your vehicle. I would advise not listening to anyone but your own lawyer as to what you can do. Hire an attorney. This is too complicated for you to try to handle yourself. Good luck.


    Steve Coren

    This answer does not consitute legal advice and does not create an attorney-client relationship. The answer is... more
  7. Antonios Kalogerakos

    Contributor Level 11

    17

    Lawyers agree

    Answered . You can also file a claim with your own insurance, (or your passengers' insurance) for a partial uninsured motorists claim to cover the passengers. Contact an attorney ASAP to know all your options.

  8. Andrew Daniel Myers

    Contributor Level 20

    13

    Lawyers agree

    Answered . The Massachusetts Standard Auto Insurance Policy provides compulsory $20,000 coverage to you regardless of whether the operator or owner opted to purchase additional optional coverage. Call me and we will also go over any coverage that you may have or any other coverage that may be available. PIP, (Personal Injury Protection) covers up to $8,000 for medical bills and lost wages. Here's more:

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  9. Henry Lebensbaum

    Contributor Level 20

    13

    Lawyers agree

    Answered . Contact a PI lawyer.


    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  10. Patrick J. Filan

    Pro

    Contributor Level 6

    14

    Lawyers agree

    Answered . Consult with an attorney. You may be able to file a claim with your own insurance,

  11. Richard Carey Hyman

    Pro

    Contributor Level 10

    10

    Lawyers agree

    Answered . The standard automobile insurance policy in Massachusetts provides liability coverage for persons injured as a result of another's negligence. Depending on how the accident occurred, you may be able to pursue a claim against the insurance companies providing coverage for both the car you were in and the other car involved in the accident. You should also be covered by the $8,000 PIP benefits for medical bills incurred and wages lost as a result of the accident.

    You should consult an experienced personal injury attorney to represent you on this matter.
    Good luck.

  12. Jeffrey R Caffee

    Contributor Level 10

    8

    Lawyers agree

    Answered . Consult with an attorney because if the injuries are serious, there is far too much at stake to leave to chance.

    This comment is made as general information and is in no way to be considered legal advice. Attorney's making... more
  13. Stacy E Pepper

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . I recommend you hire one of the local attorneys that have posted an answer to your question so you don't leave any money on the table.

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in... more

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