Lowell Personal Injury Attorneys Blog

Standard Auto Insurance Policy: Not So Standard

2012-02-21T20:48:21Z

An auto insurance policy amendment unique to GEICO recently came to the attention of Mike Najjar of Marcotte Law Firm, who chairs the Auto Section for the Massachusetts Academy of Trial Attorneys (MATA). A Public Records request to the Division of Insurance confirmed that the amendment indeed was in effect - as of April 2011. Why should you care? In its most obvious manifestations, the endorsement: 1) shortens the statute of limitations on various coverages, including mandatory coverages; 2) allows the insurer to veto arbitration and limits the options for arbitration, even under coverages with which arbitration has been mandated; and 3) prevents suits to determine coverage where coverage is disclaimed until a judgment against the alleged insured has been rendered, which may rule out the declaratory judgment or reach and apply action because the time limit imposed by the contract may have run.

Further, the amendment appears to mark the end of arguably readable auto insurance policies. We have been at this a long time, and we still are not clear on what the endorsement is saying. It is written in GREICO. (couldn't resist.)

Even worse, we learned there are many unique and individualized amendments to what used to be a standard policy. All of this has taken place with no practitioners even knowing about it. So in case you thought you knew the statute of limitations on a PIP or uninsured motorist case, think again. If you thought you could bring a declaratory judgment action to determine coverage, think again.

For all we know at this stage, we are looking at the tip of the iceberg. MATA, at Attorney Najjar's direction, has sent someone to the Division of Insurance to get copies of all current amendments, and we will keep you informed. Some of the changes may be legal, some not. But who wants to go to court to find out?

We at Marcotte Law Firm have written to the Division of Insurance in part criticizing it for not widely informing people that decades of substantive law may have been altered by contract. We also have asked for hearings, with notice, on all proposed amendments. We do not expect an overwhelming welcome to our input.

At this point, we must emphasize that going with the lowest quote or auto insurance rate might not be the best choice for you and your family. The supposed drop in cost probably reflects a loss of coverage. If you have any questions or concerns, please feel free to call Marcotte Law Firm. In the meantime, call your local representative and make sure he or she knows what the insurance companies are taking away from his or her constituents.

Bodily Injury Coverage in a Car Accident

2012-02-02T15:08:12Z

If you're in a car accident, mandatory coverage might not be enough to cover you. Optional Bodily Injury coverage in Part 5 is what fills in some of those gaps. It will apply to you, a your household member, or anyone driving your car with your consent. Unlike Part 1 coverage, it will apply for injuries to guest occupants and for accidents outside of Massachusetts. Important to know, here is what your insurance company won't cover:

injuries to employees of the person using the vehicle who are injured in the course of employment;
injuries resulting from an accident where a household member (other than your spouse) is using a car which you or any household member owns or uses regularly, but for which a premium has not been paid;
injuries resulting from an accident while you or your spouse are in a vehicle you own or use regularly, unless a premium is paid;
if the vehicle is being used by anyone while in the business of selling, servicing, or parking autos;
injuries that occur while anyone is using the vehicle in the course of any business other than those listed in #4. (this has exceptions, namely for passenger cars).

WARNING: Note that the difference between exclusions 2 and 3 was designed to protect parents who might do a rare errand with a child's car, allowing the parent to keep their assumedly higher Part 5 coverage. Some insurers have stripped away that protection. Similarly, some insurers have changed the exception to the exclusion on business use of your car. Don't be fooled by lower premiums which really only reflect lesser protection. Massachusetts is moving away from the standard policy, meaning it's more likely that you need help in choosing your coverage.

Also, if a car accident occurs in another state with different insurance requirements, your part 5 coverage, if lower than the required coverage, will automatically mirror the higher coverage. Other than that, the Optional Coverage you choose will apply as does Part 1 coverage. So, 20/40 coverage means a limit of $20,000 per person, and $40,000 per accident.

Part 5 coverage, while optional, is a necessary part of your insurance policy. There are so many gaps in Part 1, Part 5 will help protect you from the unthinkable. It's also important to remember that if you want to protect yourself with higher coverage should you be the victim of an accident caused by someone with no insurance or not enough insurance, you need to have at least the same amount of Part 5 Coverage. If you have any questions, either call your insurance agent, or feel free to contact us at Marcotte Law Firm.

Collision Coverage in an Automobile Accident

2012-01-27T15:16:23Z

If you are in an automobile accident, and you aren't hurt, you might breathe a sigh of relief. But, what about that phone pole? What if you hit a guard rail? Expenses like these can get pretty hefty before you know it. Who is going to pay for it? The answer is that your insurance company will pay for it (up to a certain amount) under compulsory coverage in Part 4 of your insurance policy.

Your insurance company must pay for property damage if the accident is your fault or the fault of your household member's, or if someone else is using your car with your consent. Of course, there are exceptions:

there's no coverage if you're using your car as a taxi;
there may be no coverage in certain circumstances if you're using your car in your business;
there's no coverage if a household member regularly uses the car, but you didn't pay for additional coverage;
there's no coverage for your car
there's no coverage if someone doesn't have the consent of the owner.

Once you establish that your insurance company will pay, there is the equally important question of how much they will pay. There must be at least $5,000 in coverage under this section, but absolutely should buy higher coverage, as the premium increase is tiny. However, if you're drag-racing or doing some similar activity, your company will not pay more than $5,000. Also, if someone else is using your car and has insurance, their insurance will pay first, and yours will be secondary.

When you're choosing coverage under Part 4, since it is compulsory, the only question is how much coverage you elect to have. For many, $5,000 simply isn't enough, as an automobile accident can cause much, much more damage, especially if you hit another car.

You also should be alerted to the fact that the Division of Insurance is allowing individual insurers to change coverages by contract. Therefore, while premiums may be different accross companies, coverage may also be different. So, in saving a few dollars, you may find out only too late that you are not insured for a loss as you thought you might have been. You and your agent should sit down and go through the potential expenses of an automobile accident and choose the right coverage. If you have questions, feel free to call Marcotte Law Firm.

Automobile Accident with an Uninsured Car

2011-11-02T18:44:31Z

Most of the time, getting hurt in an automobile accident seems like the worst case scenario. Adding salt to the wound would be telling the injured person that the driver or car that hit you didn't have insurance. Now what? If you have Massachusetts automobile insurance, your policy will cover certain bodily injuries caused by an uninsured automobile. In this blog post, we'll talk about what is covered, who is covered, and the manner in which your company will pay you.

First, there are three situations in which Uninsured Coverage will apply:

The legally responsible party who caused the collision does not have automobile insurance;
The legally responsible party who caused the collision leaves the scene of the accident without giving any (or enough) information;
The company that insured the legally responsible party who caused the collision becomes insolvent and cannot pay you.

Simply, if someone else is legally responsible for an accident, causes bodily injury to you, and either leaves the scene or does not have insurance, your company will pay for your injuries under this type of coverage.

Next, there are four classes of people who will be able to recover:

The insured person will be able to recover, whether in his/her own car, in another's car, or as a pedestrian;
Any of your "household members," defined as someone who lives with you who is related by blood, marriage, or adoption, including step-children or foster children;
Anyone who is in your car who doesn't have his/her own automobile insurance policy, or who isn't a household member of someone with a policy;
Anyone else for damages he or she is entitled to recover because of injury to a person covered under this part.

So, you, your family, and those in your car will be eligible to receive benefits should you or they need them, even if the person who injured you got away.

Finally, we have some of the technicalities:

There is an arbitration clause in this part, meaning any dispute will not be able to heard in court; it will have to go to arbitration;
The limits to recover are the same 20/40 limits that was addressed in our blog post talking about compulsory insurance, except that you can (and should) buy higher optional limits;
Your company won't pay if you're using your car as a taxi, if someone is using your car without your consent, or the driver is street racing;
There may be more than one insurance policy that has potential applicability to your accident. The order of applicability is counter-intuitive and unique to this type of coverage. You must give notice of the claim to the proper insurer, and there is a good chance you will pick the wrong one.

In sum, the moral of this story is that if you think you shouldn't consult a lawyer if you're in an automobile accident with an uninsured vehicle, you are mistaken. The lawyers at Marcotte Law Firm have successfully handled cases against uninsured vehicles and motorists, getting injured parties the benefits they deserve. Call us for your free consultation before it's too late.

Personal Injury Protection in an Automobile Accident

2011-10-27T14:18:19Z

When you are hurt in an automobile accident, you might worry about who will pay your expenses. It is because of this problem that Massachusetts included a no-fault portion in each and every automobile insurance policy. It will cover certain expenses for people hurt in an automobile accident, whoever is at fault. This is Personal Injury Protection (PIP) benefits, and it's second in our series of blog posts regarding Automobile Insurance. In this post, we will talk about who is covered, what is covered, and how much your insurance company will pay.

First, there are three classes of people who will be covered under PIP:

Anyone injured while in your car will be covered. Whether you are alone or driving a minivan full of your friends.
You or anyone you live with will be covered should you or they be in a car not covered by a Massachusetts insurance policy, or if struck by a car which doesn't have a Massachusetts insurance policy. This would be triggered should you, your roommate, or your family member, be in a car registered in another state that gets in an accident.
Benefits will also cover any pedestrian struck by your car.

Second, there are three types of benefits that are encompassed by PIP:

Medical Expenses: your insurance company will pay for "reasonable" medical expenses, including the cost of an ambulance, the emergency room, physical therapy, or chiropractic care. It will also cover diagnostic tests and prosthetic devices.
Lost Wages: your company will reimburse you for 75% of your lost wages if you miss work because of an accident.
Replacement Services: your insurance company will reimburse you for payments made to someone outside your household for necessary services that you cannot do anymore.

Finally, there is the question of how much your company will pay you. As always, the answer is: it depends.

If you have no health insurance, your company will pay the first $8,000 of medical expenses, lost wages, and replacement services.
If you have public health insurance, like Mass Health, the same rules apply.
If you have private health insurance, your company will pay the first $2,000 of benefits, and then, if there are any expenses not covered by your health insurance, your company will cover those expenses up to a total of $8,000.

Of course, there are many variables that go into the determination of how much your company will pay, including whether you have optional Medical Payment coverage and whether the coverage is for medical expenses or lost wages.

In sum, Personal Injury Protection, though conceived as a simple way to ensure that people in an accident are covered, has morphed into something that's difficult to understand, especially for someone trying to navigate the process on his/her own. The attorneys at Marcotte Law Firm have the knowledge and ability to make this process smooth and easy , so those who are injured can focus on recovery. If you are injured in an automobile accident, regardless of whether your injuries are minimal, catastrophic, or anything in between, call Marcotte Law Firm to make sure you're not leaving anything on the table.

Automobile Accidents: What does Compulsory Coverage Cover?

2011-10-03T15:39:40Z

When you purchase automobile insurance in Massachusetts, the first thing that comes to mind for most people is the thought of bills piling up after an accident. If an automobile accident is your fault, and you injure another person, you might think that your insurance will cover you no matter what. Unfortunately, that might not be the case if you only purchased Compulsory Bodily Injury Insurance. In this post, we will look into the Compulsory Bodily Injury Part of Massachusetts Automobile Insurance, otherwise known as "Part 1" of the Insurance Policy, and see what (and who) is and is not covered.

]]> The first issue has to do with who the driver is, and what car he or she is driving. There are basically three scenarios in which your insurance will cover an accident. First, your insurance will cover you if you are driving your car. Second, your insurance will cover you if someone else is driving your car with your consent. Finally, your insurance will cover you if you are driving someone else's car. The caveat to the third scenario is that your insurance will only cover you to the extent that the auto insurer of the owner of that car does not cover the injuries. Then, your insurer will then pay up to its limits.

That brings us to the second issue: what are the "limits?" Should coverage apply, your insurance company will pay up to $20,000 to any one person in any one accident. Subject to that limit, your insurance company will pay up to $40,000 to any two or more people in any one accident. So what does this mean? It means that if you cause injuries to only one person, he or she can recover from your insurance company up to $20,000. If he or she has injuries that are very severe, he or she may then be able to go against you personally. For example, if a jury awards that person $100,000, your insurance company will pay $20,000, and you will be liable for the $80,000 difference.

If two people are injured, your insurance company will pay up to $20,000 to each of them. The twist comes if there are three or more people injured as a result of an accident. If your insurance company pays $20,000 to two of the three people you injured, the insurance company would have reached its $40,000 limit. Therefore, the third injured person would then be looking at you personally to pay for his or her injuries. Of course, the insurance company could split the $40,000 equally among the three injured parties, but then you would still be liable for any excess. The moral of this story is that the Compulsory Coverage might not be enough to cover a serious injury.

Finally, that brings us to the things that your Part 1 Compulsory Bodily Injury Insurance WON'T pay for. Here is the list:

Injuries to guest occupants of your auto. (If you are the cause of an accident, which causes injuries to a passenger of your car, your insurance company will not cover you.)
Injuries sustained on account of an accident occurring outside of Massachusetts. (If you are the cause of an accident that happens in another state, your insurance company will not cover you. So, if you are in an accident in New Hampshire, Maine, Connecticut, Canada, or anywhere else, there will be no coverage.)
Injuries sustained on account of an accident occurring in Massachusetts, but in a place where the public has no right of access. (If you are the cause of an accident that happens in, for example, a private driveway, there will be no coverage.)
Injuries to any employees of the responsible person, if they are entitled to Workers' Compensation benefits. (If you get hurt in a car while on the job, there will be no coverage.)

So, as you see, even the first basic part of automobile insurance can be very complicated. If you get hurt in any automobile accident, you should always consult a lawyer. At the very least, it will save you the headache of having to go through your policy and try to maneuver this system by yourself. That being said, if you have read this piece and are panicking because you think you don't have coverage, take a deep breathe. Part 5 Optional Coverage is meant to fill in the gaps of coverage, so tune back to read about that portion in a future blog post.

Automobile Accidents and Insurance Demystified

2011-09-23T15:49:50Z

Whether you've been in automobile accidents before or you're just trying to purchase a policy that suits your needs, you're bound to have questions about what exactly is covered. Will my car repairs be covered if I'm in an accident? Who will pay for my medical bills if I'm in an accident? If I was in an accident that was someone else's fault, whose insurance company will pick up the bill? What if I'm hit by another car that doesn't have insurance? These are just a few of the questions that you should be thinking about both before and after you get in an accident.

The first important thing to know about automobile accidents and automobile insurance in Massachusetts is that all the policies are the same. Regardless of who sells you your automobile insurance, there are the same, standard parts of each policy. First, there are four compulsory parts of automobile insurance. You have no choice; you have to buy these four parts. Then, there are eight optional parts. While it's possible to not buy any of these eight parts, it will leave major gaps in your coverage. This is why many choose to go with the optional coverage.

This series will first explain the four main compulsory parts of the standard automobile insurance policy with broad strokes. Many of these topics have voluminous books written on them and could take up a whole blog themselves. After discussing those four parts, I will discuss the optional portions of the automobile insurance policy. Again, I will use broad strokes at first, as there are many other issues that just cannot be address in this forum.

Hopefully this series will be informative both to those looking for the right coverage, and those who have questions after an accident. As always, please leave comments with suggestions, ideas, or anything else that could add to the discussion.

First Personal Injury Blog Post

2011-09-22T15:45:01Z

Welcome to the Personal Injury Blog of Marcotte Law Firm. We are attorneys in Lowell, Massachusetts focusing on Personal Injury law. However, we handle many other issues that arise, including Social Security Disability, Criminal Law, Family Law, Land Issues, General Litigation, and Estate Planning. We've been located in downtown Lowell, Massachusetts since 1958, providing superior legal representation to residents of Greater Lowell, the Merrimack Valley, and across Massachusetts for over fifty years.

We've started this Personal Injury blog to try to address the topics that we think our clients and potential clients would be most interested in. Specifically, when someone gets hurt, whether it be in an automobile accident, on the job site, or while shopping at a local store, there are a lot of issues that arise. These are things that most people have never thought about before. Who will pay my medical bills? Why is the insurance company calling me all the time? If I talk to the insurance company, am I putting myself at risk? With this Personal Injury blog, we are going to try to answer as many of these questions as we can. Then, you can make the decision regarding whether or not you contact a lawyer in a more educated way.

If you are reading this and have a question, feel free to ask. If it's something that we can address, we'd be happy to do that. Otherwise, we hope that you enjoy reading our blog, refer it to your friends, and add your comments whenever you can.

Welcome to our Massachusetts personal injury blog

2011-09-08T19:31:53Z

When you or a loved one has been injured in a car crash or other type of accident, a skilled, knowledgeable and tenacious lawyer can be of great assistance and can protect your rights. Massachusetts' legal system can be confusing and intimidating, with a unique set of rules and a language of its own. An attorney who understands the law and the process can help you evaluate your options and make the right decisions.

At Marcotte Law Firm, we assist clients throughout Massachusetts who have experienced a loss due to their own personal injury, or the personal injury of a loved one. We know how to quickly determine the next step in your personal injury case.

Contact our office by e-mail or call us at 978-458-1229 to discuss your situation with an attorney.

Our personal injury blog

We established this blog to provide valuable information to individuals throughout Massachusetts who have experienced a loss due to their own personal injury, or the personal injury of a loved one. We will regularly update this blog, posting on a wide range of personal injury topics, including:

We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

It's important to note that the stories and cases reported on this blog are not meant to implicitly or explicitly depict cases actively handled by our firm. In most cases, the blog will simply be covering cases similar to those we are interested in handling.

Contact our office