Car Insurance Claims Disputes Lawyers in Boston
Car Insurance Claims Disputes Lawyers in Boston
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Car Insurance Claims Disputes Lawyers in Boston
Most Bostonians know that driving around this city can be a nightmare because of heavy traffic and aggressive drivers. We spend more time waiting to get where we're going than any other drivers in the U.S. When frustrated drivers and congested roads mix, traffic accidents are common. Data shows that in 2019, Boston had 4,432 reported accidents, with 1,110 injury accidents and 19 fatalities.
Collisions happen for a wide variety of reasons. Still, statistically, you're likely to be involved in a rear-end collision, followed by head-on, side-impact, and hit-and-run accidents on Boston roadways. In some instances, you may have had an accident that didn't involve another vehicle but still need to get a fair settlement from your insurance company.
Whatever your reason for looking for legal advice, our car insurance claims disputes lawyers in Boston can help. Morgan and Morgan Law Firm has proudly represented Bostonians for years and has the experience and resources to tackle disputes with even the largest insurance companies in the nation. We represent the people's interests, not big corporations fighting against their own clients and other injured parties.
Contact us today for a free, no-obligation case evaluation.
Morgan & Morgan
What Is a Car Insurance Coverage Dispute?
Insurance disputes frequently arise after a person files a claim for losses or expenses with an insurance company and gets a lowball settlement offer returned or is denied coverage. Sometimes the denial can be justified, but in other instances, the denial could be baseless. Getting a lowball settlement offer is likewise highly frustrating. The entire point of having car insurance in Boston is to be made whole again after an accident, right? Insurance companies often give these excuses to deny claims:
- Policy language which may have been misunderstood cites coverage for your claim is excluded
- Injuries or property loss are not covered by the specifics of the policy
- A lapse in policy payment during the time of the accident excludes coverage
- There are errors or omissions in the filed claim
Many states, including Massachusetts, have adopted laws that hold insurance companies and adjusters liable for unfair or deceptive practices when settling insurance claims. At Morgan and Morgan, we've been fighting insurance companies for over 30 years and are wise to all the tactics used in the industry. We've seen how insurance companies put their profits over people time and time again, and even a few blatantly break the law.
What Are Prohibited Insurance Practices Under Massachusetts Law?
Prohibited insurance practices under Massachusetts law include the following:
- Misrepresentation of facts or insurance policy stipulations related to coverage
- Failing to acknowledge and react to communication efforts by a claimant
- Failing to implement practices that ensure the reasonably prompt investigation into claims under insurance policies
- Denial of claim payment without conducting a reasonable investigation of the facts and evidence pertaining to the claim
- Failing to pay claims promptly and fairly when the fault has been reasonably established
- Causing insured customers to pursue litigation in response to unfair settlement offers
- Attempting to settle a claim with a payout that is less than a reasonable person would believe they were due based upon advertising material that accompanied policy application materials
- Attempting to settle a claim with a payout based upon an altered application that the claimant was not made aware of nor gave consent
- Making a claim payment that is not accompanied by a statement establishing the coverage under which payments are being made
- Delaying investigations or payments of claims by requiring redundant claim reports and proof of loss forms that have essentially the same information on both
- Failing to settle claims promptly when liability is established under one area of the policy coverage in an attempt to sway settlements under other policy areas
- Failing to provide a prompt and reasonable explanation for a claim denial or offer of a compromise settlement
While you would think these laws make it pretty clear that underhanded treatment of people will not be permitted in the state of Massachusetts, some insurance companies will defy the law, especially if they suspect you don't know your rights. Under the Massachusetts Consumer Protection Act, insurance companies that are found to engage in illegal practices may be liable to pay double or triple damages to the injured party. You don't have to tolerate being unfairly treated by insurance companies. The law is behind you, and so are we. Our car insurance claims disputes lawyers in Boston can ensure unscrupulous insurance companies are held to account for engaging in illegal practices.
How Do I Dispute a Car Insurance Claim?
Drivers who find themselves in a dispute with car insurance companies may not know how to fight back. That's where our car insurance claims disputes lawyers in Boston can provide valuable guidance. We can help with problems such as:
- Contract and legalese interpretation
- Questions of law
- Contract definitions
- Proof of loss
- Breach of contract
- Liability issues
- Lapse in coverage with no notification
As if getting into an accident that wasn't your fault wasn't enough, you have to deal with the additional headache of disputing and appealing incorrect decisions, which may require the help of a lawyer to be successful. If you don't agree with an insurance company's decision, you have the right to dispute it and may win an appeal. It's imperative to have all the facts and documentation ready.
After a denial or unfair settlement offer, it's crucial to understand where the insurance company is coming from in regard to its decision. They are required to provide a reason for the decision, which can give you the basis for an appeal.
With the help of a Morgan and Morgan insurance claim lawyer, we'll make sure you understand your rights. We may be able to assist in writing a claim appeal letter and compiling the evidence to support the appeal. However, it's important to pursue legal action in a timely manner. It's essential to notify the insurance company quickly and in writing of your intention to take action. Additionally, Massachusetts has a statute of limitations to pursue legal action after your claim is denied or you have other disputes with the insurance company in regard to an accident. You have three years from the date of the incident to file a civil action related to bodily injury and property damage.
What Kind of Evidence Do I Need to Dispute an Insurance Company's Decision in Boston?
Evidence is vital when disputing an insurance company's decision concerning your car accident. When you notify the insurance company that you disagree with their decision and will pursue further action, you should be prepared to present new evidence and correct anything in dispute regarding who was primarily at fault for the accident.
The latter concerns Massachusetts comparative negligence rule. While our state observes no-fault insurance law, it also uses the doctrine of comparative negligence. This means if you are judged to be 51% at fault for the accident or more, you are barred from being awarded damages in a court of law. Insurance companies also use this concept when making decisions about claims. Because of this, it's vital to have a lawyer working on your side who will be able to establish your share of fault is below this threshold.
To successfully appeal a decision that is not in your favor, we can work with you to gather additional evidence that may not have been considered initially, such as:
- Eyewitness reports
- Medical records
- Repair estimates and invoices
- Dash cam or CCTV footage
- Evidence that any citation given to you was disputed or will be fought in court
Under What Circumstances Can I Get Out of the No-Fault Insurance Law in Massachusetts?
Suppose the other driver was primarily at fault for the accident. Additionally, you have medical expenses of at least $2000, and/or your injuries include severe and permanent disfigurement, broken bones, or substantial loss of hearing or site. In that case, you are permitted to pursue a claim against the at-fault party as well as collect on your PIP insurance. You can either file a third-party claim against the other party's insurance company or sue in a personal injury lawsuit.
It's important to note that under the state's no-fault insurance law, people cannot recover damages for noneconomic losses such as pain and suffering. PIP insurance doesn't cover it. By stepping outside of the no-fault insurance law, you have the opportunity to pursue damages for pain and suffering along with other noneconomic damages such as:
- Physical disfigurement and impairment
- Mental anguish
- Loss of quality of life
- Loss of companionship (in the case of the death of a family member)
When you're involved in a serious accident, noneconomic damages can be just as crucial as recovering payment for your medical bills and lost wages. The effects of a serious car crash can have far-reaching consequences that may temporarily or permanently impact your day-to-day life. You should have the opportunity to recover compensation for physical and emotional problems resulting from a negligent driver’s actions.
Working With Morgan and Morgan Car Insurance Claims Disputes Lawyers in Boston
If you're looking for a lawyer's help after a car accident in Boston, you've probably already run into issues. We know how frustrating that can be. However, you have rights, and we're here to protect them. It might come as no surprise that insurance companies view claimants with legal representation as more serious than those who do not. It demonstrates that you mean business and aren't going to be pushed around.
After more than 30 years of fighting the good fight for our clients in need of help, we're proud to say we have established quite a reputation. Suppose the settlement offer doesn't measure up, or a claim denial is suspicious. In that case, we challenge the decision and use our negotiation and investigative skills to present winning arguments. If an insurance company still doesn't play ball, we don't hesitate to file a lawsuit.
Sometimes that's what it takes. When our cases go to trial, we've found that our clients are often awarded up to twenty times what was offered in the negotiation phase. Still, most of the cases we take on are resolved through skillful negotiation. You should not have to accept an insurance company's unfair decision or tolerate unlawful tactics. Contact us today for a free case evaluation even if you feel like you've exhausted all other negotiation avenues. You pay nothing unless we recover compensation for you.