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.
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.
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.
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.
PIP covers many different medical expenses following an
automobile accident. Some of the
most important medical expenses covered by PIP following an accident are:
Necessary
Medical Treatment,
Surgery,
Dental
Services,
Prosthetic
Devices,
Ambulance
& Hospital Care, and
Professional
Nursing Aid
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.
No. Use of PIP
benefits on an auto insurance policy will not cause a person's automobile
insurance rates to rise.
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.
The injured
person was the driver of the vehicle, and was not at fault for the accident,
The injured
person was a passenger in either vehicle, or
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.