Auto Accidents – An Attorney’s Overview

Humanity routinely ignores the fact that motor vehicles can do great damage. We drive these ton-and-a-half steel machines at high speeds while singing along to the radio, drinking coffee, applying makeup, and playing with our phones. An average text takes 4.6 seconds, and if you glance at your phone while driving at 55 miles per hour, that translates to driving the length of a football field — while blind. Is it any surprise that people get into car crashes?

Just because an accident occurs, however, doesn’t mean the other driver is automatically at fault. Even rear-end collisions are routinely denied by insurance companies (of course, they’re also looking for excuses not to pay). Additionally, Massachusetts law requires that there must be more than $2,000 in medical expenses before a personal injury lawsuit can be filed.

An attorney’s job in the early stages after an accident is straightforward:

• Identify the negligent person(s)
• Develop evidence of negligence
• Identify the insurance companies involved
• Track evidence of your injuries and work with doctors to document your condition
• Administer no-fault “PIP” (personal injury protection) coverage
• Make sure your medical bills are coordinated and paid

This all happens before lawyers even think of a trial. In fact, approximately 95% of all cases are settled before they get to court. Only one in 20 cases goes before a judge.

MALIS | LAW treats every case like it’s going to trial. Insurers are resisting valid claims on an increasing basis, which means the process is only becoming more difficult for claimants.

That’s where we come in.

Did you know that under Massachusetts law, drivers are required to carry what’s called 20/40 insurance coverage? That means each driver must have coverage in the amounts of $20,000 per person and $40,000 per accident, which might sound like a lot of money, but that barely covers an average claim. For more serious injuries, it’s a drop in the bucket. That also doesn’t consider whether a client can physically go back to work after an accident or needs future medical care.

There are other avenues for recovery, such as “underinsured motorist’s coverage,” which allows you to pursue your own insurance company if a negligent driver has insufficient coverage (importantly, this has no negative effect on your relationship with your insurance company).

This is just the barest idea of what is involved with a motor vehicle case. Conditions for coverages are complex, and you need a law firm that can position each individual case for maximum results. Our track record of settling several million dollars’ worth of car collision claims proves our knowledge, skill, and results.

Auto Accidents Are:

All claims for injury caused by the negligent operation of a car or another motor vehicle.

Automobile accidents include:

• Truck accidents
• Car accidents
• Bus accidents
• Passenger in a motor vehicle
• Pedestrian injured by a motor vehicle
• Hit and run collisions
• Accidents involving Uber, Lyft and other Rideshare companies

We also understand the twists and turns of dealing with the growing trend of rideshare companies like Uber, Lyft and others. While Massachusetts law
has stringent requirements for drivers of Lyft, Uber and other rideshare companies, the law has yet to establish that while on line with their companies
and accepting rides that these drivers, operating their own vehicles, are agents or employees of the rideshare (or, as Massachusetts calls them,
Transportation Network Companies (TNC). These companies provide generous coverage for their drivers while actually on an assigned ride, but only
$50,000 when they are logged in and orbiting looking for fares — and no coverage when they are not logged in. Our firm has taken the lead on this
issue, filing one of the first lawsuits against a TNC for failing to appropriately vet their drivers.