Detailed Answer
When you suffer injuries in a Massachusetts auto crash caused by another driver, securing the at-fault party’s insurer’s acceptance of liability ensures prompt compensation for medical bills, lost wages, and other losses. Follow these core steps to build a strong claim under Massachusetts law.
1. Gather and Preserve Strong Evidence
Document the scene immediately. Use your smartphone to take clear photos of vehicle damage, skid marks, traffic signals, and visible injuries. Collect witness names and statements. Request a police report. Keep all medical records, bills, and treatment notes in one file.
2. Provide Timely Written Notice
Massachusetts General Laws c. 90 § 34M requires claimants to give prompt written notice to the at-fault driver’s insurer. Include the date, time, location of the crash, parties’ names, and a brief description of your injuries. Send your notice by certified mail, return receipt requested. See the statute: MGL c. 90 § 34M.
3. Prepare and Send a Demand Package
Draft a concise demand letter to the insurer’s claims adjuster. Outline your facts, attach police reports, evidence photos, and itemized medical bills. State your total damages and request acceptance of liability. Keep copies of everything you send.
4. Leverage Massachusetts Claims and Deadlines
If the insurer delays or denies your claim, remind them of their obligations under Massachusetts unfair settlement practices. Massachusetts General Laws c. 175 § 113H prohibits unreasonable denial of claims. For timing, note that most personal injury suits must be filed within three years of the crash under MGL c. 260 § 2A (Section 2A).
5. Consider Mediation or Appraisal
Insurers often agree to mediation before litigation. Neutral mediators help both sides reach a settlement. Appraisal clauses in policies may trigger an independent evaluation of damages if liability is clear but damage amounts are disputed.
6. Consult an Attorney Early
An experienced Massachusetts injury attorney can monitor deadlines, handle insurer communications, and escalate to litigation if needed. Early involvement often accelerates insurer acceptance of liability.
Helpful Hints
- Send all notices and demand letters via certified mail and keep receipts.
- Keep a detailed pain and treatment journal.
- Organize receipts and proof of out-of-pocket expenses.
- Follow up with the claims adjuster regularly to track your file.
- Confirm policy limits early to evaluate settlement offers.
- Be mindful of the three-year statute of limitations for personal injury claims.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.