I recently suffered an injury in a car accident on Route 9 in Framingham, MA. The other driver was cited for speeding. In general, under Massachusetts law, how do I know if I can sue for damages?
You have two claims. The first is through your own automobile insurance policy, through PIP, which stands for Personal Injury Protection. This will cover your out of pocket expense for medical bills, usually up to $2,000.00. Then if you have health insurance, your medical bills in excess of $2,000.00 will be submitted to the health insurance carrier. Any medical bill which is not covered by health insurance, gets covered again by PIP, up to another $6,000.00. An exception to this is if you have Medical Payments coverage. In that event, the medical bills will get submitted to Medical Payments coverage before getting submitted to the health insurance carrier, after the first $2,000.00 on PIP is exhausted.
If your medical bills exceed $2,000.00, then you can make a second claim against the driver of the other car that was cited for speeding in Framingham, MA. This claim is called the Bodily Injury claim and is for pain and suffering damages, periods disability lost as a result of the accident and permanent loss of function, as documented by your doctors.
The fact that the other driver was cited for speeding is important to establish liability against him or her. The local Framingham police may be conducting a criminal investigation as a result of the citation. This will also help pin down the liability against the other driver for his or her negligence in causing the accident.
Once you have reached an end medical result, your attorney can try to settle with the insurance company, or file suit in court if the settlement offer is insufficient. This requires forceful representation, which I provide.
Attorney David Rubin is a Framingham Personal Injury lawyer and provides representation to clients in communities such as Boston, Boston MetroWest, Framingham, Dedham, Marlborough, Natick, Needham, Newton, Waltham and Worcester.
David L. Rubin, Attorney at Law
Framingham Personal Injury Lawyer
929 Worcester Road
Framingham, MA 01701
Telephone: (508) 875-9797
Boston: (617) 451-0707
Fax: (508) 820-1560