A lot of car accidents occur in Massachusetts every year. Because of this, a lot of injuries, and hundreds of deaths are reported because of the occurrence of car accidents. If such an unfortunate event happens, it is important that you call your Boston car accident attorney right away in order to assist you on what to do especially when it comes to insurance claims.
One expectation when you get involved in a car accident is that your insurer should be able to pay you with your insurance claim, and that your insurer should treat you fairly, and that you receive the settlement that is justifiable on the circumstances. But, unfortunately, it does not always work that way, because just like other businesses, insurance companies are also profit-driven. Thus, those who claim for insurance settlements are receiving less than what is due to them, and there are even others whose claims are denied. This is why having a Boston car accident attorney is going to be handy in times of situations like this.
Things that You Should Do When Hurt in a Car Accident
If you suffer injuries after a car accident, it is crucial that you observe the following procedure so that you will be able to avoid problems on your right to recovery:
1. Make sure that you immediately file a police report.
It is essential that you file a police report immediately when you encounter a vehicular accident. More so when the property damage that you suffered exceeds $1,000, or if anyone has been injured or worse, killed. This is an important aspect because this also ensures that you are not only complying with what the law requires but also because the police report is going to be a valuable source of information when you pursue your insurance claim.
2. Make sure that you get to collect evidence at the scene.
If you can still mobilize your body, and while you are waiting for the police to arrive on the scene, you should already start collecting as much evidence and information as you can. Relevant information that you are going to need shall include the names and the contact information of all the parties involved in the accident, the names and contact information of the witnesses (if any), photos of the accident, a sketch of the positions of the vehicles following the accident, and other relevant details that can help you not only in settling liabilities with the law but also with your insurance claim.
3. Make sure that you immediately proceed to the hospital and seek for doctor’s assistance.
If you choose not to immediately proceed to the hospital and see a doctor after having been involved in a vehicular accident, then you later on claimed for medical expenses and other injury-related costs, this will result in a high probability that your claim is going to be denied. It is of high importance that you immediately seek doctor’s assistance, and that you keep detailed notes and records on your appointments with the doctor, and see to it that you faithfully follow the doctor’s instructions.
4. Make sure that you immediately notify your insurer
After having filed the police report and you have already seen a doctor, the next thing that you should do is to call your insurer and make sure that you provide them with proper notice regarding the accident. If you will not be able to provide notice to your insurer in a reasonable among of time, then there might be a chance that your insurance claim will be denied.
5. Make sure that you immediately call your lawyer
Claims, whether injuries sustained, are serious or not, it is still best that you proceed with legal counsel by your side. This is so that if there will be complications on your claim, and you are not certain if you are at fault or not, and then you suffer serious injuries, and worse, you settlement lowballed, then I guess you should know how important it is that you have a lawyer who can provide you the proper assistance on this.
Forms of Compensation that You May Receive
If you are involved in a car accident wherein the degree of injury and damages are high, and the whole thing is not your fault, then you should be able to receive the full amount that you are entitled to. However, there are factors that affect the amount of compensation and these are some of those factors:
Factor #1: The degree of fault
The degree of fault can have a huge impact on the amount of compensation that you can receive in your insurance claim. So, in Massachusetts where the policy is a no-fault system, this means that you can only recover damages from the other party only if you suffer injuries, and such injuries qualify the “serious injury” threshold. So, if you received an assessment that your injuries do not qualify for such category, then your award compensation may be reduced in proportion to your degree of fault.
So, if you were 10% to blame for such an accident, and then the damages you suffered amounts to $300,000, then you can hold the other party liable for $280,000.
Factor #2: Severity of damages suffered
This is another factor that can affect your final compensation award. So, more serious accidents can result in more costly damages. And if you are under the no-fault system then the type of damages where you can seek compensation may include the following:
- Expenses for property damage
- Medical costs both past and future
- Lost wages both actual and future
- Loss of capacity to earn and capacity to receive benefits
- Pain and suffering
- Emotional distress
- Devalued quality of life
- Other types of economic and non-economic losses
Factor #3: Your insurance policies
If the faulting party has no insurance or he or she only has little coverage, then, even if you have solid proof and you are 100% innocent on the accident, then there are still chances that you are not going to receive the full amount of compensation from your claim. But, you can still turn to your own policy on uninsured motorist coverage or underinsured motorist coverage.
