Morré & Associates

 

Automobile Accidents

 

  Know the Facts … Know Your Rights!
The law firm of Morré & Associates realizes that an auto accident can be both stressful and confusing.  While representing many past and present clients in their auto accident cases, our firm helped them understand the complexities of the auto insurance system in Massachusetts.  As a vital resource to you, our firm has compiled this section using some of the more common questions that have been presented by clients. We hope that you find this section informative.  If the reader should have any questions after going through this section, our firm would welcome the opportunity to discuss any questions in a free consultation.          

Statistics   

Each year more than 6,000,000 auto accidents occur on our nation's roads.  Of these accidents more than 3,200,000 result in injuries and more than 41,000 result in death.  This is an average of 12 auto accidents every minute - 1 of which results in death and 6 of which result in injuries.  These figures clearly indicate that the odds of being injured are stacked against anyone involved in an auto accident.  The sad truth, however, is that the vast majority of auto accidents at any given time could have been avoided if proper care and caution had been used by one or more of the drivers involved.

I've Had an Accident ... What Should I do Next?

After an auto accident there are two key things that should be done.

First, it is extremely important to be examined by a medical professional to make certain that underlying medical problems do not exist.  The fact is, many people do not notice pain and injuries immediately following an accident due to large amounts of adrenaline released into the blood stream during the accident.  The adrenaline that flows through the body after an accident often hides potentially serious injuries that have been suffered.  Only with the passage of time, the decrease of adrenaline in the bloodstream, and/or the occurrence of outside triggers are such injuries realized.  Early detection is important in order to avoid exacerbating any suffered injuries.

Second, it is extremely important to preserve accident information.  The drivers of both vehicles are legally obligated to fill out an "Operator's Report" - available at your local police station.  Once the Operator's Report has been completed, the driver of each vehicle must send a copy to the Registry of Motor Vehicles, the local police department, and the driver's insurance company.  It is a good idea to keep a copy of the report for the driver's own personal records.

You and The Insurance Company       

After an accident there is one fact holds true regardless of who is at fault for the accident - insurance companies and insurance adjusters have aims and objectives that often run contrary to a client's best interests.  The fact is, insurance companies do not remain in business by openly handing out money for claims after a person is injured.  Indeed, there often exists a very real conflict of interest that goes unnoticed.  On the surface many insurance companies and adjusters appear to be working for clients following an accident.  However, when the smoke screen of niceties clears what remains are adjusters who work for large insurance companies.  Logic and reality converge at this point.  Part of any insurance adjuster’s job is to save money for its employer – the large insurance company.  It is impossible for an insurance adjuster to work towards securing the best possible outcome for both the client and its employer.  Both are inherently at odds with each other.  Further, the insurance adjuster’s lively hood is dependant upon his or her employer.  It is for these reasons that an attorney becomes important in any personal injury case.  An attorney can help the injured party see past the niceties of an insurance adjuster that often serve as a smoke screen to this inherent conflict of interest. 

I was Injured In an Accident, but I Can't Afford the Medical Expenses!

One of the biggest concerns following an accident is who will pay for medical treatment.  Clients often tell us that because they could not afford medical treatment they suffered with pain and injuries caused by an accident.  There is no reason to suffer due to the inability to pay for medical treatment following an auto accident.  With rare exception, every Massachusetts driver, passenger and pedestrian is covered for injuries sustained during an automobile accident through the "Personal Injury Protection" (PIP) portion of the automobile insurance policy.  As such, all medical bills - up to a fixed amount - are paid by the insurance company regardless of who was at fault for the accident.  Further, even if you do not have an auto insurance policy, in most cases you will still be covered for PIP benefits.

What Medical Expenses Does PIP Cover?

PIP covers many different medical expenses following an automobile accident.  Some of the most important medical expenses covered by PIP following an accident are:

  1. Necessary Medical Treatment,

  2. Surgery,

  3. Dental Services,

  4. Prosthetic Devices,

  5. Ambulance & Hospital Care, and

  6. Professional Nursing Aid 

Does PIP Cover any Other Loses?

Yes.  In addition to the medical expenses set forth above, PIP also covers up to 75% of lost income resulting from the automobile accident.  The remaining 25% of lost income must be recouped from a bodily injury claim.  In addition to lost wages, PIP also covers costs for "Replacement Services."  If for example an individual is unable to take care of his/her children during the period of recovery following an auto accident, PIP will cover the costs of childcare services during the period of recovery.  Finally, PIP will also cover death benefits.

Will the Use of My PIP Benefits Cause My Insurance Rates to Rise?

No.  Use of PIP benefits on an auto insurance policy will not cause a person's automobile insurance rates to rise.  

Can the Insurance Company Tell Me Where to Go for Medical Treatment?

No.  An insurance company cannot tell an injured individual where he/she must go for treatment following an accident.  Insurance companies frequently enter into fee agreements with medical providers.  As such, insurance companies would rather have medical providers they have fee agreements with handle the treatment that is necessary after an accident.  This allows insurance companies to keep costs down, and retain indirect control over treatment received by an injured party.             

Can the Insurance Company Tell Me Where to Take My Vehicle to Have it Repaired?

No.  An Insurance company cannot tell a client where he/she must take their vehicle to have it repaired following an accident.  As with medical providers, insurance companies frequently enter into fee agreements with auto body shops that allow insurance companies to keep costs down and retain indirect control over auto body services. 

I was Injured in an Auto Accident.  Do I have a Right to be Compensated for My Pain and Suffering?

Yes. The law states that a person has a right to be compensated for the pain and suffering he/she has endured as a result of an auto accident - if the person was not at fault.  If an individual was injured during an auto accident and falls into one of the following categories, that person may have grounds for a claim against the negligent driver.

  1. The injured person was the driver of the vehicle, and was not at fault for the accident,

  2. The injured person was a passenger in either vehicle, or

  3. The injured person was a pedestrian who was struck by a vehicle.

I Want to be Compensated for My Pain and Suffering, but I Feel Guilty About Suing the Other Driver.

This is perhaps one of the biggest myths involved in a personal injury claim.  If an individual is involved in an auto accident and decides to seek compensation for his/her pain and suffering, compensation is ordinarily sought from the insurance company.  In fact, the vast majority of the time the at-fault driver is shielded from having any financial liability.  The party seeking compensation for his/her pain and suffering is drawing upon the insurance that was in place to compensate an innocent party who has been made to suffer due to the carelessness of an at fault party.  The party seeking compensation should not feel guilty about seeking what is rightfully his/hers.