I'm sorry to hear of your accident and resulting injuries. You need to discuss this with an experienced personal injury lawyer as soon as possible. Please do not discuss with an insurance company representative until you have spoken with an attorney. Be sure to seek medical attention for your injuries and follow your doctor's instructions. My firm specializes in these types of cases, and I would be happy to answer your questions at no charge. I hope your recovery goes well.
Nothing in this email is to be construed as legal advice, or as a solicitation to create an attorney/client relationship.
Call my office immediately to discuss this. If the other driver does not have insurance, you may be able to collect through your own insurance.
160 Doyle Road
Holden, MA 01520
I suggest contact a personal injury lawyer immediately prior to speaking to any insurance adjusters, even your own! If the 16 year old is denied covered, you can look to your insurance coverage for compensation. Feel free to contact my office to discuss this matter further.
Stefano V. D'Agostino, Esq. is licensed to practice only in the Commonwealth of Massachusetts and the Massachusetts Federal District Court. All legal answers are based on Massachusetts Law and are ONLY intended to provide informational purposes. ANY answers should not be considered legal advice and does not form an attorney-client relationship. Therefore, answers should not be relied upon without first seeking the consultation of an independent licensed attorney in your jurisdiction. This post does not intend to solicit business and may be considered attorney advertisement in some jurisdictions. Statements of prior results do not guarantee a similar outcome. www.TheJacobsLaw.com | www.BostonPIAttorney.com
If you were hit while in a car that is registered in Mass. there should be Personal Injury Protection (PIP) coverage that pays for medicals and lost wages. If you were a pedestrian and the insurer of the other car has a legitimate ground for denying coverage, then you could file for PIP coverage under the assigned claims plan.
As far as the pain and suffering is concerned, if you were in a Mass insured car then there has to be at least $20,000 worth of uninsured coverage that you can make a claim against. That is assuming that you have injuries that required at least $2,000 of reasonable and necessary medical treatment, or a fracture or disfiguring scarring. If you were not in a car, or do not own a car, or have a household member who has a car, again that is insured in Mass, then you would have to go after the person who hit you. Whether there is coverage there would turn on whether there is really a defense of non-permissive use or not.
Speak to an attorney and your insurance company
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Do not automatically take the denial of benefits based upon a claim that the son "did not have permission" to drive. It would not be the first time a parent would make that claim upon the realization that their child was involved in a serious accident. Retain an experience attorney who can take steps to test the legitimacy of that claim. Even if true that the son drove the car "without permission" on this occasion, are there other facts which could give rise to an express or implied claim of "negligent entrustment" ( ie-the son had his own key but typically would have to ask first to drive); or they left the keys in a place easily obtainable, particularly not the thing to do if the son improperly used the car on earlier occasions. Here in NY, if a person is injured by a vehicle that is uninsured (and the injured party does not own a car), there is a state agency that will pay all no-fault bills. Maybe MASS has a similar agency. In any event, do not delay in getting yourself an attorney a.s.a.p.
Even if there was non-permissive use they are still obligated to pay Medical bills under the Personal Injury Protection (PIP) portion of the other car's insurance policy. Other damages are recoverable under the Uninsured portion of any auto ins policy you have or if not, than under any household member's auto policy.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
An experienced Personal Injury attorney may be able to help you. If you were in your vehicle at the time of the accident, you are entitled to pursue a claim against the Uninsured Motorist coverage of your own policy for your injuries. Call immediately to learn your rights.
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