Dealing with insurance companies is one of the most difficult aspects of being involved in a motor vehicle accident. At the Law Office of Michael O. Smith, our seasoned team of Boston car accident lawyers has the experience and tenacity to stand up to big insurance companies that don’t always have your best interests in mind.
A recent appellate decision illustrates how important it is to assert your rights when dealing with an auto insurer. The plaintiff was involved in a car crash while riding in a taxi. The taxicab driver drove down a freeway ramp and through a yield sign into the rear end of a van that was waiting for traffic to pass on the road where the offramp merged. The drivers of each vehicle communicated briefly and then got back into their respective vehicles and drove away. The taxicab driver took the plaintiff to her home. She did not obtain his information. The plaintiff could not identify the driver of the taxi or the person driving the other vehicle involved in the accident.
The record at trial contained conflicting information regarding the exact date that the plaintiff became aware of her injuries. The physician’s report indicated, however, that she started experiencing pain immediately after the crash. The plaintiff consulted with an attorney, who sent a letter to the cab company providing notice of the plaintiff’s claim for personal injuries. The notice said that the plaintiff was injured on the date of the accident as a result of the driver’s negligence. The cab company responded, saying that it was only a dispatch service and that it did not have the identity of the cab driver without the driver’s name or the name of the owner of the vehicle. The plaintiff’s lawyer did not provide any additional information to the cab company. Over the next eight months, the plaintiff did not seek to identify the driver of the cab.