Everyone is susceptible to causing a motor vehicle accident if they fail to pay attention behind the wheel, including government employees. There are a number of different rules that apply to situations involving accidents with government employees, however, that are important for a victim to understand as early as possible. These rules may impact your case and will be a factor in determining the best route for securing the compensation or settlement that you deserve. Our seasoned Boston car accident lawyer Michael O. Smith is standing by to help you assess your potential lawsuit.
In a recent case, the Massachusetts Court of Appeal considered whether the Massachusetts Insurers Insolvency Fund (the Fund) was required to pay the victim of a motor vehicle accident where the car that caused the crash was owned by the government and driven by a government employee. The victim had a standard motor vehicle insurance policy that included uninsured motorist benefits.
In each of the consolidated cases in the action, the relevant insurance company denied the victim’s claim on the basis that a government vehicle is not considered an uninsured motorist under the policy, which is often referred to as a government vehicle exclusion. The victims each pursued compensation from The Fund, but the claims were also denied on the basis that G. L. c. 175D, section 9 required them to first exhaust their uninsured motorist policies.