Keegan and Flanagan, L.L.P.
Attorneys at Law
1495 Hancock Street, Second Floor
Quincy, MA 02169
Tel: 617-934-4408
Fax: 617-479-3409

60 State Street
7th Floor
Boston, MA 02109
Tel: 617-371-2945

Accident FAQs

What should I after being in an accident?
What should I know about accident fault and accident insurance?
Who pays the medical bills?
What kind of compensation can I expect to get?
How do you prove fault in an accident?
What if I am charged with a crime in an accident?
How long do I have to file an accident lawsuit?

 


 

What should I after being in an accident?

Obtain as much information as possible about the vehicles involved in the accident including the following:

  • Driver’s name, address, and license number
  • Vehicle owner’s name, address, insurance company and coverage information
  • Obtain pictures of involved vehicles
  • Direction and position of the vehicles
  • Weather and lighting
  • Names and addresses of any witnesses

Besides acquiring information at the scene, there are other steps that you should take after an accident:

  • Notify the police of any traffic violations
  • Obtain prompt medical attention for any injured individuals
  • Visit a medical professional if experiencing any pain after the accident
  • Notify your insurance agent or company
  • Contact an attorney promptly to determine your rights and responsibilities

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What should I know about accident fault and accident insurance?

Massachusetts is a no-fault state.  This means that your insurance policy will provide you with coverage for part of your medical expenses, but it will likely limit your ability to recover from the driver that negligently or intentionally caused the accident.

All Massachusetts drivers are required to carry personal injury protection (PIP) as part of their vehicle insurance.  PIP coverage provides a minimum of $8,000 per person for lost wages, replacement services, and death benefits.  PIP covers the first $2,000 of medical bills.  Above that amount, private health insurance pays the remaining medical expenses. People that do not have health insurance or are covered by a state program have their medical bills ranging from $2,000 to $8,000 covered under PIP.

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Who pays the medical bills?

Unfortunately, people involved in accidents often face injuries, which can range from minor and temporary to serious and permanent.  As a result, you will likely have medical bills from doctors, hospitals, therapists, and other medical professionals.  PIP will cover the first $2,000 of medical expenses for all parties injured in a vehicle accident.  PIP also covers medical bills ranging from $2,000 to $8,000 for individuals that lack health insurance or are covered by state health insurance. For certain low-income individuals who are uninsured or underinsured, medical expenses may be covered under the Health Safety Net.

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What kind of compensation can I expect to get?

With Massachusetts being a no fault state, besides PIP, you will may only be able to sue the driver that caused the accident if your medical bills exceed $2,000, or if you experience permanent disfigurement, loss of sight or hearing, a fracture, or death.

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How do you prove fault in an accident?

While it may seem obvious that one driver caused an accident because he was negligent or reckless, proving fault can be very difficult.  The information you collect from the scene of the accident, such as taking photos, can prove helpful in demonstrating fault. Police reports and traffic laws also play a large role in establishing fault.

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What if I am charged with a crime in an accident?

Possible charges that could arise following an accident include reckless driving, leaving an accident scene or scene of property damage, and driving without insurance or on a suspended license.  If you are facing criminal charges following an accident, we strongly recommend that you contact an experienced lawyer to ensure that you protect your rights. 

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How long do I have to file an accident lawsuit?

We strongly recommend that you contact an experienced lawyer immediately after an accident, so that the attorney can act quickly to preserve your rights and ensure that key evidence is properly obtained.  Generally, the statute of limitations for Massachusetts accident cases is three years.  Those injured in a hit and run case must bring an action within six months of learning of the identity of the defendant, as long as the injured party filed a claim with authorities within 30 days of the accident.

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