Articles Posted in Auto accident

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Auto insurance can come in handy when you are involved in an accident, but only if your insurer treats your claim fairly and provides you with the coverage that you deserve. As dedicated Boston car accident lawyers, we have seen countless cases involving insurance companies who refuse to provide their insureds with the response that the insured is owed based on the provisions in the policy. If you were injured in a car accident, we are standing by and ready to assist you with all aspects of your claim, including ensuring that your insurer plays by the rules.

Recently, the Court of Appeal considered an appeal in Martin v. Hanover Ins. Co. 92 Mass. App. Ct. 1104 in which the plaintiff, an insured, alleged that her insurance company engaged in unfair claim settlement practices in violation of Massachusetts law. The plaintiff was injured in a car accident where the at-fault driver made a U-turn and struck the plaintiff’s vehicle. The parties did not dispute that the other driver was at fault and the plaintiff received the total policy benefits for the at-fault driver’s insurance policy. The plaintiff then filed a claim for underinsured motorist benefits with her insurer.

The insurer did not provide a settlement offer and the plaintiff filed a civil claim against the insurer demanding arbitration. The complaint also alleged that the insurer engaged in unfair claim settlement practices and that the plaintiff deserved damages as a result. The matter proceeded to arbitration and the arbitrator concluded that the plaintiff was entitled to $50,000 in damages related to the accident. A civil court affirmed this ruling and the parties moved on to litigating the unfair settlement practices claim.

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A major aspect of any car accident is dealing with insurance companies. There are many different policy provisions and protocols that you may need to review to ensure that you are making your claim appropriately and that you receive the coverage that you deserve. Even if you are doing your best to follow all of the proper steps, insurance companies usually don’t have your best interest in mind. This means that they will try to do whatever they can to avoid paying you the coverage that you deserve. The dedicated Boston car accident lawyers at the Law Offices of Michael O. Smith are prepared to help you assert your rights to the fullest extent.

A recent case discussed the application of an underinsured motorist policy and the arbitration provision included in the insured’s policy. The plaintiff suffered injuries in a car accident and eventually obtained a settlement for the amount of that driver’s policy limits. The plaintiff’s insurance company was not a party to that settlement but provided consent to it.

The plaintiff then sought underinsured motorist coverage from her insurance company, which invoked the arbitration provision in the plaintiff’s policy. Arbitration is a form of dispute resolution in which the parties agree to let a neutral arbitrator resolve the matter. The outcome of an arbitration is binding on the parties in the same way that a court judgment is binding.

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Establishing that another party operated his or her vehicle negligently is a critical aspect of any car accident personal injury claim. This requires providing evidence that establishes the standard of care that the defendant should have used at the time of the crash. A failure to provide evidence of the standard of care can be fatal to your claim. As dedicated Boston car accident lawyers, we are well versed in personal injury law and will ensure that you put forth the strongest case possible.

The recent case of Cacchiotti v. Parry demonstrates how important it is to establish the applicable standard of care as part of a motor vehicle accident lawsuit. In the case, the plaintiff was driving on the Massachusetts Turnpike when a vehicle slid off of a flatbed trailer and struck his vehicle. The defendant had attached the vintage muscle car to the flatbed trailer with four chains and come alongs. The trailer was secured to a pickup truck owned by one of the defendant’s helpers.

The plaintiff filed a claim for negligence, seeking damages from the defendant. After the trial, the jury concluded that the defendant was not negligent. The plaintiff appealed on three separate grounds.

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Car accidents are always stressful, but Boston hit and run collisions are particularly problematic. At the Law Offices of Michael O. Smith, we have assisted numerous motorists throughout Boston with understanding their legal rights and navigating the insurance claims process following a crash. We are ready to put our extensive experience to use for you to ensure that you receive the just outcome that you deserve.

In a recent case (Christian Cardona v. Encompass Insurance Company, No. 17-P-358), the plaintiff was a passenger in a vehicle driven by his mother when the vehicle was struck from behind by another car, which then fled the scene. The mother followed the car as it fled the scene and the plaintiff was able to record the vehicle registration number. After reporting the accident, the plaintiff obtained the identity of the vehicle’s owner from the Registry of Motor Vehicles database. The plaintiff filed a claim for insurance benefits with the registered owner’s insurer. The insurance company denied the claim, indicating that its insured was not responsible for the crash and that the owner denied being involved in the accident.

The plaintiff then sought uninsured motorist benefits from the insurer that provided a policy for his mother’s vehicle, stating that because the other insurer denied the claim he was the victim of a hit and run accident. This insurer also denied the claim and the plaintiff filed an action compelling arbitration. The insurer filed a motion to dismiss and a motion for summary judgment and the plaintiff filed a cross-motion for summary judgment. The reviewing court granted the insurer’s motion to dismiss and the plaintiff appealed.

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Many individuals know that lawsuits can take a long time to resolve. There are many different phases of litigation and there are many opportunities to file an appeal. Understanding the procedural options available to you during your legal battle is incredibly important and could make a huge difference when it comes to receiving the maximum amount of compensation that you deserve. As dedicated Boston car accident lawyers, we have guided countless injured victims and their families through the court system and we are prepared to put our knowledge and experience to use for you.

In a recent appellate opinion, the court discussed two key concepts of procedural law. The plaintiff was injured in a car accident and brought a suit against the responsible driver seeking compensation for medical expenses as well as pain and suffering. The jury returned a verdict in the plaintiff’s favor, but the plaintiff felt that the award was greatly lower than the amount of medical expenses that she sustained as a result of the crash. Accordingly, the plaintiff moved for additur or a new trial on just the issue of damages.

An additur is a request by the plaintiff to the trial judge to increase the amount of damages that the jury awards to the plaintiff. If the judge agrees that the jury awarded an inadequate amount of damages, then the judge can increase the amount. The judge also has the option of holding a new trial on the issue of damages alone to determine the amount of damages that the plaintiff is entitled to receive based on the evidence presented at trial.

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There are several rules that apply to a personal injury trial, including rules about the evidence that a plaintiff must establish when seeking pain and suffering damages. As experienced Boston car accident lawyers, we are familiar with these rules and will ensure that they are applied appropriately and fairly in your claim every step of the way. This can help avoid unnecessary delays in your case as well as ensure that you do not waive any critical rights. Whether you were involved in a minor crash or a severe, life-altering collision, you deserve compassionate and dedicated legal counsel.

A recent Massachusetts appellate opinion discusses G.L. c 231, Section 6D, which governs when a victim of a motor vehicle accident can seek pain and suffering as an item of damages. According to this provision, the plaintiff must show that the reasonable and necessary expenses incurred from treating the injuries associated with the crash exceed $2,000, subject to some exceptions. These exceptions include instances where the crash results in death, results in the loss of a body part, results in disfigurement, or results in the loss of sight or hearing.

The plaintiff filed suit against a wheelchair and van transport company as well as its employee-driver for personal injuries that she suffered in an accident. She was traveling in the defendant’s handicap accessible van when it came to an abrupt stop causing her to fall out of her wheelchair. Her knees hit the floor and the wheelchair fell on top of her.

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When it comes to car accidents, any type of injury can be devastating and life-changing. In accidents where someone loses their life as the result of another person’s negligence, however, the surviving family members and loved ones face unimaginable pain and loss. Our dedicated team of Massachusetts wrongful death lawyers has assisted numerous families with seeking the compensation they deserve after losing a loved one in a car accident.

Recently, a Massachusetts appellate court upheld a multimillion-dollar verdict in favor of the estate of a woman who was killed in a car accident involving a convenience store. The plaintiff was walking into the store when she was struck by a speeding SUV. The medics that responded to the crash concluded that the woman died on impact. According to evidence presented at trial, the vehicle was traveling at a high speed across an intersection through the entrance into the convenience store’s parking lot before it crashed into the storefront.

The decedent’s husband was appointed the executor of her estate and brought a wrongful death claim against the convenience store. According to the complaint, the plaintiff alleged that the store had experienced hundreds of crashes at its convenience stores and that it was accordingly on notice that customers were at a risk of suffering injuries. The complaint also alleged that the store could have prevented the decedent’s death by constructing protective barriers or bollards along the walkway or closing off the entrance to the parking lot.

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When it comes to car accidents, an injured party has many options regarding obtaining a settlement or a judgment. This is especially true where multiple insurance carriers or policies are involved that provide policy limits to cover the injured person’s expenses. If you are coping with painful injuries and this is your first experience navigating a personal injury claim, it can be extremely stressful. Knowing whether to accept a settlement or the right procedures to follow to protect your rights isn’t always straightforward. At the Law Offices of Michael O. Smith, we proudly provide legal counsel to Boston car accident victims.

In a recent appeal, a Massachusetts Court of Appeal considered whether a disputed settlement agreement arising out of a car accident was enforceable. The plaintiff appealed from an order from the lower court that allowed the defendant’s motion to enforce the settlement. The parties had stipulated to dismissing the action on September 8, 2016. On appeal, the plaintiff argued that the lower court erred by allowing the defendant’s motion to enforce the settlement because the parties had not entered into a valid agreement with the defendant’s insurance company.

According to the plaintiff, the insurance company’s release form, which it sent to the plaintiff in August 2015, that the company sent in response to the plaintiff’s demand for tender of the defendant’s policy limits, was a counteroffer. The demand letter sought the entire $100,000 policy, claiming that the damages exceeded the defendant’s limits. The plaintiff based this off of certain terms in the release that both the defendant and the insurance company would be released from all liability arising out of the accident. The defendant also responded by offering the plaintiff roughly $33,000 as settlement of the claim.

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As seasoned Boston car accident lawyers, we often deal with insurance companies on behalf of our clients. As a result, we are familiar with the tactics that they use and the fact that they do not always have your best interests in mind. If you suffered injuries in a car accident and are dealing with an insurance company or multiple insurers, we are standing by and ready to assist you with seeking the compensation that you deserve.A Massachusetts appellate court recently issued a decision in a claim in which the insureds alleged that special circumstances existed that required an insurance company to recommend that the plaintiffs purchase underinsured motorist coverage. The plaintiffs had brought a lawsuit against the insurer, and the insurer filed a motion for summary judgment in the claim, which the lower court granted.

In general, Massachusetts law states that an insurer does not have a duty to make recommendations about insurance coverage or to provide guarantees that a policy is adequate for the insurer’s needs. An insured can overcome this standard by showing that a special circumstance existed that created a duty between the insurer and the insured. This involves presenting evidence of specific representations or assertions regarding the sufficiency of the coverage provided in addition to evidence showing that the insured relied on those representations or assertions.

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If you are injured in a motor vehicle accident in Massachusetts, you may be able to seek compensation through the at-fault driver’s Personal Injury Protection (PIP) auto insurance policy. In order to receive benefits, there are several procedures and rules that you may be required to follow, including those surrounding medical examinations. As dedicated Boston car accident lawyers, we have guided numerous injured persons through the claims process while helping them protect their rights.Recently, a Massachusetts appellate court considered a case in which the plaintiff was injured in a car crash during 2009. The woman filed a claim with her auto insurer, pursuant to her PIP policy. Next, the insurer arranged for a medical examination of the plaintiff, pursuant to the PIP statute. The heart of the plaintiff’s lawsuit against the insurer was based on the notice that the insurer sent to the plaintiff regarding the examination. It stated that she would be examined by a physician of the insurer’s choosing. According to the record, however, the selected person was not a medical doctor but a doctor of physical therapy. The insurer sent the plaintiff a copy of his report regarding his examination, which identified him as a doctor of physical therapy and a licensed physical therapist.

The plaintiff’s lawsuit was dismissed on the basis that she did not file it within the appropriate statute of limitations. According to the judge, the plaintiff was on notice as of the date that the notice was sent listing the individual as a doctor of physical therapy. This gave the plaintiff sufficient awareness that the insurer had not complied with the statute’s requirement that a physician conduct the exam.

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