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.