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Personal injury car crash in Mass.

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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

Posted

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.

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Posted

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.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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2 comments

Emma A. Kremer

Emma A. Kremer

Posted

Correction *$8,000.

Emma A. Kremer

Emma A. Kremer

Posted

I apologize if that was confusing. Let me clarify: PIP will cover your medical expenses causally related to the accident up to $8,000 but will not cover pain and suffering claims. Pain and suffering claims, among other claims you may want to bring, must be brought in court because they cannot be recovered from the insurance company.

Posted

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.

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Posted

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.

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Posted

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 attorney-client relationship is created by using this site. www.dohertylaw.net

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Posted

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

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Posted

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 based only on the facts presented. This answer is basd only on Massachusetts law.

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Posted

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. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

Contact a PI lawyer.


henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
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Posted

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

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Posted

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.

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Posted

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 such comments have no information beyond the information provided in the question presented. Additional information is necessary before an attorney can give specific advice. Please seek legal counsel.

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Posted

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 the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com

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