Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Ensuring Insurer Liability for Your Medical Expenses in Massachusetts

Detailed Answer

Under Massachusetts law, you can recover medical expenses from the at-fault driver’s insurer through a combination of no-fault benefits and a liability claim. Follow these steps to strengthen your claim and prompt the insurer to accept liability:

1. Identify the at-fault insurer. At the scene, collect the other driver’s insurance details. If they lack coverage, you may rely on your own personal injury protection (PIP) and uninsured motorist coverages.
2. Provide timely notice. Notify the at-fault insurer in writing—ideally within 30 days of the accident. Use certified mail to send a brief notice outlining the accident date, policy number, and your intent to claim medical expenses.
3. Compile strong documentation. Obtain a certified copy of the police report, medical records, itemized bills, and proof of payment. Keep a chronology of treatments, dates, providers, and out-of-pocket costs.
4. Submit a demand letter. Draft a clear demand letter. List all medical expenses, attach supporting documents, and request a written acknowledgment of liability and payment within 30 days.
5. Invoke statutory arbitration if needed. If the insurer denies or delays no-fault benefits, you can initiate no-fault arbitration under M.G.L. c. 90, § 34M. This streamlined process resolves disputes over PIP entitlements. You can also enforce medical payments coverage under M.G.L. c. 175, § 113B.
6. Consider litigation. If arbitration fails or liability remains contested, you may file a negligence lawsuit in Massachusetts Superior or District Court to recover medical expenses and related damages. Consulting an attorney helps ensure you meet filing deadlines and procedural requirements.

Helpful Hints

• Notify your own insurer immediately to secure PIP (no-fault) benefits while pursuing the at-fault insurer.
• Keep originals and copies of all correspondence, medical bills, and receipts.
• Follow treatment plans to avoid arguments that injuries are unrelated to the accident.
• Send follow-up letters if the insurer fails to respond—maintain a paper trail.
• Review your own policy for Medical Payments (MedPay) coverage; it can bridge gaps if the at-fault insurer disputes liability.
• Use certified or registered mail for all critical notices and demands.
• Consider professional support: medical bill advocates or legal aid clinics can assist with document preparation.