If two vehicles get into a Massachusetts car accident, and one driver is at fault, generally speaking, the faultless driver would file an insurance claim with the at-fault driver’s car insurance carrier. This scenario is quite common; however, it is estimated that one in eight drivers are uninsured, which helps illustrate the importance of uninsured...
Determining liability, or legal fault, for an accident is central to a personal injury claim for damages. Accident victims can hold careless drivers accountable for their actions, but as plaintiffs in a personal injury claim, they carry the legal burden of proving fault. Many Boston car accident cases are based on a negligence theory of...
Recently, the Massachusetts Court of Appeals analyzed whether an automobile insurance company had engaged in unfair practices regarding a car accident victim’s claim for damages. The plaintiff in this case had been awarded a substantial jury verdict of $818,000 for his personal injury claim against the driver who rear-ended his vehicle. The insurer had offered to settle for...
A Massachusetts court recently held that an automobile insurance company had not engaged in unfair claim settlement practices, in violation of state law, when it conditioned a payment of its policy limit on a release of all claims against its insureds. Following a one-vehicle accident in Swampscott, an injured passenger brought negligence claims against the driver and...
Recently, a Massachusetts appeals court affirmed a judgment in favor of an insurance company in a civil action for damages following a motor vehicle accident. Following an accident, automobile insurance companies may pay damages to an injured individual after a determination that their insured was legally at fault for a collision. In this lawsuit, the plaintiff received a...
An appeal before the Massachusetts Supreme Judicial Court addressed the measure of punitive damages to be awarded to a motor vehicle accident victim and his family. Insurance companies that delay payment, after liability has been demonstrated in a car accident claim, may be assessed additional damages for their conduct. The issue in this case centered on how...
Many victims of car accident cases want to know the value of their claim for settlement purposes. The truth is there is no set rule to the actual value of a victims claim for pain and suffering. There are many factors that play a role in determining the approximate value of a car accident bodily...
