Boston Car Accident Lawyer

Who pays my bills after a Boston car accident?

After a Boston car accident, you likely have many questions about what is and what isn’t covered under car insurance. Here’s a brief overview of what to expect – although we can give you more specific information in your personal consultation.

• Medical Bills: In general, the first $2,000.00 in medical bills is paid by the Personal Injury Protection (PIP) insurance carrier of the car you were in or hit by if you were a pedestrian or a bicyclist. If you have private health care insurance, Massachusetts law requires that medical bills in excess of $2,000.00 be submitted through your provider for payment. If you do not have private health care insurance, or if your health care insurance company refuses to pay your medical bills, or if your insurance is under an ERISA plan, you may be entitled to up to $8,000.00 in PIP medical coverage.
• Lost Wages: If you lose money because of your inability to work due to your injuries, you may be entitled to collect 75% of your lost wages, based on your average weekly wage, from the PIP carrier, up to $8,000.00.
• Incidental Expenses: After an accident you might get stuck with bills for services at home, such as cleaning or yard work, for medical devices, or many other incidental items. PIP will also reimburse you for those expenses, up to the $8,000 limit.
• Bodily Injuries and Wrongful Death: If you have more than $2,000 in medical bills, a fracture, or other serious injury, you may be entitled to compensation for injuries, including scarring, pain and suffering, permanent or partial disability, and loss of ability to enjoy life. Wrongful death claims are also compensable under Massachusetts motor vehicle laws.
• Insufficient Insurance: If the person who caused your injuries does not have insurance, or inadequate insurance to cover your damages, you may be entitled to collect uninsured or underinsured coverage from your own automobile policy or a family member's automobile policy. Please see our page on buying insurance to protect yourself with underinsured motorist insurance.

Immediate action may be required to preserve all of your rights.

What if I’m partially “at-fault” for a car accident?

Under Massachusetts law, your own insurance must pay the medical bills for your injuries up to a certain point, under the PIP provisions of your insurance policy. Once you have exceeded the “tort threshold” of $2,000 in medical bills (or a fracture or permanent scar), you can make a claim for bodily injury (and pain and suffering).

To be successful in your claim, you cannot be more than 50% at fault for the collision. If two or people are responsible for the collision, as long as your fault is 50% or less, you may be entitled to recover your damages. However, under the law of comparative negligence, your award will be reduced by the percentage of fault attributed to you.

This is just one of the reasons why you need an experienced car accident attorney on your side if you sustain injuries in a crash. At Breakstone, White & Gluck, we fight to show that you are not at fault for the accident, and that you are entitled to seek additional compensation.