1. Bodily Injury to Others: Provides limited coverage for you when other people are injured in an accident. This is very limited coverage and does not cover many types of accidents and injuries. Coverage is also limited to $20,000 per person and $40,000 per accident. You cannot purchase higher limits.
2. Bodily Injury Caused by an Uninsured Car: Provides coverage if you’re injured by a car that does not have insurance. This can also cover hit & run accidents.
3. Property Damage: Pays up to $5,000.00 of coverage for any damage you cause to someone else’s car or property. You are allowed to purchase higher limits.
4. Personal Injury Protection: Pays up to $8,000 for the medical expenses or lost wages of anyone injured while in your car. It will also pay for any pedestiran or bicyclist struck by your car, as well as for injuries you receive when involved in a car that does not have PIP Coverage.

There are additional supplemental coverages that are not required, but are recommended. Please refer to our prior post for a more in depth discussion. However, one optional coverage that is pertinent is for Med Pay coverage. This is similar to Personal Injury Protection coverage in that it will pay for certain medical expenses, regardless of whose fault a car accident is. Where the “no-fault” differs from the “fault” is in Personal Injury Protection insurance (item #4 above and hereinafter, “PIP”), and Med Pay coverage. No-fault states require you to purchase PIP in addition to basic liability insurance. PIP typically pays for your medical expenses and lost wages regardless of who caused the accident. This is where the “no-fault” term comes in. Even if you are at fault for the accident, PIP will cover the expenses. The goal of no-fault insurance is twofold: 1) save time and money and 2) to reduce the likelihood of a lawsuit. Insurance companies will drag their feet and paying claims and lawsuits can take time to resolve. In no-fault states, PIP pays out right away, regardless of fault. As you may have guessed, if people get paid for their expenses right away, the need for a lawsuit may be reduced. However, this does not preclude you from filing a lawsuit if the circumstances warrant it. In order to succeed in a lawsuit, you need to establish the other driver was negligent. You will also need to have at least $2,000.00 in medical bills to pursue a claim for pain and suffering. Further, as our ardent readers are aware, Massachusetts is a comparative negligence state, which means your fault in the collision will be weighed and may offset any potential payout. As always, it is a good idea to speak with an experienced attorney who can help you develop your claim and advice you on the best coursing moving forward.

If you or a loved one has been injued in a car accident and has questions about the various types of No Fault Insurance that are available, call the experienced car accident lawyers at Marcotte Law Firm for a free, no obligation consultation.

Where these accidents often differ with ridesharing, is that there are now multiple levels of personal involvement; the rideshare company itself, the driver – who is an independent contractor, the passenger, and any other 3rd parties involved in the accident. The competing interests and responsibilities of these multiple actors can lead to difficulty obtaining relief for an injured party.

An important fact to know is that individuals who drive for rideshare companies are not “employees,” in the legal sense. Rather, they are independent contractors. This is significant for a couple for reasons. First, from the perspective of the driver, they are not entitled to Workers’ Compensation in the event of a workplace accident. Next, you are required to carry your own insurance. As we will see, when the accident occurred in the course of the driver’s day has huge significance. For example, according to Uber’s website, they offer supplemental coverage of varying amounts depending on the status of the driver.

Offline or the Driver app is off

• The driver’s personal insurance company and coverages apply

Available or waiting for a ride request (Uber maintains, on behalf of the driver)

• Third-party liability if your personal auto insurance doesn’t apply
• $50,000 in bodily injury per person
• $100,000 in bodily injury per accident
• $25,000 in property damage per accident

En route to pick up riders and during trips (Uber maintains, on behalf of the driver)

• $1,000,000 third-party liability
• Uninsured/underinsured motorist bodily injury
• Contingent comprehensive and collision
• Up to actual cash value of car with a $2,500 deductible (Effective 3/1/2021)
• Certain vehicles offered through the Vehicle Marketplace are subject to a $1,000 deductible

If you are driving for a rideshare service like Uber or Lyft, it is important to understand what you are and are not covered for and when. Massachusetts has a minimum requirement for vehicle insurance coverage and insurance companies often require you to provide notice you will be using your vehicle to provide rideshare services.

The third aspect of the independent contractor-Uber/Lyft relationship we will touch on revolves around a legal doctrine known as “respondeat superior.” Respondeat superior stands for the proposition that an employer can be found liable for the actions of their employee. However, this doctrine is generally unavailable in cases involving independent contractors. What this means is that Uber and Lyft are able to distance themselves from any tortious actions of their drivers.

At this point, it should be clear that these rideshare companies have positioned themselves to avoid direct liability for the actions of their drivers. In practice, this means it can often be difficult to ascertain whose insurance companies to target in order to handle claims. As is a recurring theme in our practice, the involvement of insurance companies tends to complicate matters. It is usually in your best interest to work with an experienced rideshare injury attorney.

Finally, while to this point the article has focused on the driver’s legal work status (independent contractor) and insurance, the reality is that with any motor vehicle accidents, injuries can occur to the driver, passenger(s), and 3rd parties. If you are the passenger or 3rd party in a rideshare accident, you are accorded the same personal injury rights as any other motor vehicle accident. Like other motor vehicle accidents, it is in your best interest to seek the services of an experienced personal injury attorney who can help you through the process.

To answer that we should look at where the accidents typically take place. Two (2) common locations where pedestrian accidents occur are in crosswalks and parking lots. Intuitively, this makes sense as these are areas where people and cars intersect. By their nature, these are high pedestrian-traffic areas. Drivers are taught to be aware of pedestrians in these areas.

Crosswalks

When a vehicle approaches a crosswalk, drivers are instructed to slow down and be vigilant for pedestrians. If a person is already in the crosswalk, then they have the “right of way” and drivers must always yield to them. From the pedestrian’s perspective, the different types of crosswalks have slightly different rules.

For example, some crosswalks are controlled by a walk signal button, i.e., there is a button to push that will expedite a red light, making it safe to cross. At these types of crosswalks, upon pressing the walk-signal button, the pedestrian must wait until the “walk” signal flashes and it is safe to cross. Some intersections do not have a walk signal button and only have painted crosswalks. At these crossings, pedestrians always have the right of way. Finally, some intersections have no crosswalk at all, e.g., side streets, driveways, and parking lots. Again, pedestrians have the right of way and drivers are required to yield as if a crosswalk was there.

Parking Lots

Another common site for pedestrian accidents are parking lots. Parking lots provide a unique situation where cars and pedestrians are constantly around each other. So it makes sense that the potential for pedestrian accidents is higher. Most parking lots do not have marked crosswalks and if they do, they only mark a path across the main roadway between the store(s) and the actual parking spaces. Therefore, as mentioned above, pedestrians do have the right of way and drivers must yield to them.

Within the context of parking lots, but also applicable to driveways, many accidents involve a driver who is backing up. Often, drivers rely solely on their mirrors, which leaves the driver with blind spots. Even cars with rear-facing cameras cannot clear all possible blind spots. While the safety impetus falls on the driver, it is always good practice to keep an eye out for any vehicles backing out of a parking space or driveway.

That last line is notable. It is important to remember that simply because the law is on your side and you have the right of way, it does not mean you should not be vigilant. Pedestrian-vehicle accidents are mostly one-sided when it comes to physical damages. Further, the most common reason for these accidents are carelessness of the driver. Checking our phones, changing the radio station, or turning to talk to the person next to us are things we have all done and only take a second or two.

Unfortunately, when driving a vehicle, these lapses in focus can be dangerous. Combine the vast discrepancy in size between a vehicle (even a slowly moving one) and a pedestrian, and the potential for serious bodily injury is high. That is why it is incumbent on drivers and pedestrians to pay extra attention in high pedestrian-traffic areas, like parking lots and crosswalks.

However, if you find yourself the victim of a pedestrian accident, it is in your interest to contact an experienced attorney who can help you determine the legal remedies available to you.

Due to the increased amount of bicycle traffic, vehicles and bicycles are often vying for the same road space. Drivers often believe that they always have the right-of-way and that cyclists are the ones who need to move to the side. However, the fact is that drivers share the road with all vehicles, including cyclists. A cyclist is entitled to use an entire travel lane, even if there are other vehicles sharing the road. Due to differences in traveling speed, drivers often perform unsafe maneuvers in an effort to pass the slower-moving cyclist. It is not uncommon for a driver to “clip” a cyclist when attempting to pass. Similar to pedestrian accidents, bicycle accident injuries can be very serious due to the size and weight difference between bicycles and vehicles. Further, like pedestrians, bicycles offer no protection from vehicles.

Another common example of bicycle-vehicle accidents are known as “dooring accidents.” Dooring refers to when the driver of a parked vehicle opens a car door as a cyclist approaches. Due to travel speed and limited reaction time, cyclists often strike an opened vehicle door with tremendous force. Massachusetts law requires vehicle drivers and passengers to check for cyclists before opening their doors.

There are a number of Massachusetts laws aimed at ensuring safe conditions for cyclists, including, but not limited to:

• Unlike vehicles, cyclists may pass vehicles on the right. This fact cannot be used as a legal defense for a motorist involved in an accident with a cyclist;
• Cyclists must obey all traffic laws, including the use of headlights and tail lights for night riding;
• After passing a cyclist, a driver may not make abrupt right turns at intersections and driveways, i.e., they must let the cyclist pass first;
• Drivers may not pass cyclists until there is a safe distance to do so. If there is not a safe distance, then the driver must wait;
• No more than two (2) cyclists may ride together, except on multi-lane roads where there is more than one (1) lane traveling in the same direction. In these instances, the group of cyclists must ride in a single lane; and
• When preparing to make a left turn, drivers must yield to oncoming cyclists.

Now that you know the law, and have followed it perfectly as a cyclist, what happens if I am still involved in an accident? If this happens to you, there are a couple things you should do.

1. Check yourself for injuries. If you are able to do so, move yourself and bicycle out of harms way;
2. Similar to a car accident, collect as much information as you can from or about the other involved parties;
3. File accident reports; and
4. Hire an attorney to help you navigate the insurance and possible litigation process

A quick word about accident reports. Massachusetts law requires an accident report for any motor vehicle accident that results in injury to any involved party, or property damage in excess of $1,000. Also, the report must be filed within five (5) days of the accident. The Massachusetts RMV’s website has downloaded accident report forms and you can also pick one up at any police station. It is also best practice to make at least four (4) copies of the report; 1) mail the original to the RMV; 2) submit one to the police department in the place where the accident occurred; 3) keep one to submit to the other party’s insurance company; and 4) keep one for your own records.

Given the likely severity of injuries, the presence of insurance companies, and the timelines required for a necessary accident report, it is in your interest to hire a personal injury lawyer who can help represent your best interests.

• The driver panicked or made a spur-of-the-moment decision;
• Intoxication/drunk driving/operating under the influence;
• Unlicensed operator, i.e., if the other driver doesn’t have a license;
• Outstanding warrant or stolen vehicle (i.e., he/she would be arrested if police were called to the scene).

What Should I do if the Other Driver Leaves the Scene? Most importantly, DO NOT chase after the other car. This only puts yourself and others in danger through the chase itself or eventually confronting the driver. When you realize another driver is attempting to leave the scene, there are a few things you can do. First, try to identify the vehicle in question. If you can, take a picture of the other vehicle, ideally the license plate, but a photo of other identifying information, e.g., color, make, or model, is also helpful to the police. If there are witnesses, you can also ask them to provide any information they may have. Second, call the police. Give them all the information you have, including any photos or observations of the other car. Even if you only got a partial view of the license plate, that could be helpful. Will My Insurance Cover Me? There are two types of insurance that cover these situations: Uninsured Motorist Coverage will pay the compensation for your injuries. This is required coverage, meaning everyone in Massachusetts has it, although the amount of the insurance varies depending on what you paid for. So in many situations, you won’t be any worse off because the other car fled the scene. Collision Coverage will pay for any damage to your car. This is an optional coverage, meaning you may not have it. Am I entitled to additional damages? Yes, depending on the facts of the case. For example, if the paint of your car was scratched, as a general proposition, a court will not find injuries necessitating compensation. However, if you were to suffer physical and or emotional harm due to being in a car accident, you may be able to pursue a claim against the driver. Furthermore, as leaving the scene is a crime in Massachusetts, a judge in the criminal case could order the driver to pay damages. Even if this were to happen, you can still pursue a civil lawsuit seeking additional compensation for your injuries.

If you’ve been injured in a hit and run accident, call the Car Accident Lawyers at Marcotte Law Firm for a free, no obligation consultation.

• If you’re making a call, even on speakerphone, you can’t be holding the phone.
• The law still allows you to use your phone for navigation/directions, but the phone has to be mounted or attached to the dashboard.
• Drivers aren’t allowed to look at photos or use social media in any fashion. Even if your phone is mounted to a dashboard, you can’t browse on your phone while you’re at a stop light.

As with any law, there are penalties for violating it: 1st offense – $100 fine. 2nd offense – $250 fine, plus mandatory completion of a distracted driving educational program. 3rd and subsequent offenses – $500 fine, plus insurance surcharge and mandatory completion of distracted driving educational program. Admittedly, the penalties are relatively small. Even so, the law is intended to save lives. The hope is that people will stop using their phones behind the wheel, and “accidents” that could have been prevented won’t happen. If you were involved in a car accident where the other party involved was distracted by the use of a cell phone, you may be entitled to compensation for your injuries. It is important to know the law, not only to make sure you are in compliance with it, but also so you can identify instances where you have been the victim of someone who does not follow it. At Marcotte Law Firm, our attorneys have decades of experience handling these claims. Even if you’re unsure if you have a claim, feel free to call us for a free consultation.

Consumer Reports explains there are things you can do to stay safe on the road and avoid accidents, even those caused by other drivers. Here are three tips you can implement to help you avoid a collision.

1. Do not speed

Speeding is the leading cause of accidents. Speed limits are there for a reason. A lot of research and consideration went into setting them at the right speed for the road conditions. When you speed, you lower your abilities behind the wheel. You require more stopping distance and must adjust your perception of things around you. At night, if you speed, you may outdrive your headlights, meaning you may not see an obstruction in the roadway until it is too late.

2. Use safety features

Your vehicle comes with at least the minimum safety features: seatbelts and airbags. Use them every time you are in the car. If you have advanced safety features, such as backup cameras, electronic stability control, blind-spot monitoring or lane-departure warning, then use them as well. Put your car to work for you, and let it help keep you safe.

3. Be alert and aware

You have to pay attention when you are driving. Distracted driving is a serious problem and leads to many accidents. Do nothing but focus on driving and the roadway when you are behind the wheel. Also, avoid driving after drinking or taking drugs of any kind, including prescriptions.

Staying safe on the road is something that you have to be in control of. You are the best protection you have against bad drivers.

First, don’t chase the other driver. That only puts you at risk for being in another accident. Instead, take a picture of the car, including the license plate. If you don’t have a camera handy, you write down the car’s license plate number. Even if you only get part of the license plate, it’s better than nothing.

The next thing to do is to call the police. Fleeing the scene of an accident is a crime in Massachusetts, and the police will pursue the matter. Tell them you were in an accident, and the other driver fled the scene. They will ask for any identifying information about the car, such as make, model, color, and license plate. The police will then do their best to track down the car.

If you are injured, we suggest calling an attorney to guide you through the reporting process. Depending on whether the other vehicle is found, it could affect which insurance policies are triggered. Having an attorney in the beginning can save from headaches down the road.

Having an attorney can also help track down video of the incident. Many homeowners and business owners have video of the street. But, these videos often get deleted if not preserved.

So, whenever you decide what coverage is right for you, always make sure you have as much underinsured coverage as you can get (known as Part 12 Coverage). It is relatively inexpensive and can pay big dividends should you need it.

For over 100 years, we have created a legal landscape that is able to compensate people for losses from unintended consequences from driving. From laws that deal with getting a license, registering a car, and insurance requirements, we have created rules to keep people on the roads safe. We’ve also created rules to compensate the victim if a driver damages a person or a person’s property.

But, when there’s no driver, it can be more difficult to find out who is responsible. Was the owner of the self driving car doing something wrong, or was there something wrong with the car itself? Just the possibility of that kind of finger pointing can mean that resolving claims will take longer and be more difficult.

For now, it might seem nice to hear about how great it’s going to be when you can get in the car, ask it to take you to work, and then get an extra few minutes of sleep. But, there will also be negative consequences, and these questions must have answers before driving cars become as common as automatic windows.

Many believe that unless they’ve had a few drinks, it’s safe to drive. In reality, one drink can affect one’s ability to think and coordinate movement. When you’re driving a car, these two abilities are very important to ensure that you’re safe behind the wheel.

At the same time, if you’re having a party where people are drinking, keep an eye out to make sure no one else is over-indulging. If you think someone else has had too much, make sure he or she isn’t driving home. It may be an awkward situation, but it’s much better than finding out later that there was a car crash that could have been prevented.

Whether going to a barbecue, picnic, or out to dinner, always be safe and think twice before drinking and driving.

We often have to explain to our clients that insurance companies are only required to pay what the car is worth, which is called fair market value. If a loan is more than that, you’re going to owe the finance company the difference.

This is why the first question we ask our clients in this situation whether they have Gap Coverage. This is insurance that covers you if you owe more on your vehicle than its fair market value. It could mean the difference between being able to get a new car and having to take the bus for a while.

Our advice to all our clients is to find a local insurance agent you trust. Your agent will be able to answer your questions and make sure you’re covered if you’re in this unfortunate situation. Of course, if you have any questions, feel free to call for a free, no obligation consultation.

This is why it’s mandatory for Massachusetts car insurance policies to have coverage for this situation. It protects you if you’re injury in a car accident by someone who has no insurance. Your insurance company steps into the shoes of the person that hits you and is responsible for reimbursing you for your harms and losses, including medical bills and lost wages.

In some respects, pursuing a claim for uninsured motorist benefits is easier than a normal case. This is because insurance companies are required to agree to arbitration. A case can be decided by an arbitrator in the matter of months, instead of waiting many years to have a case decided by jury.

If you’re injured in a car accident, and the responsible person doesn’t have insurance, all is not lost. Contact Marcotte Law Firm, and we’ll go over your options.

What many do not realize is that distracted driving is more than just texting. Drivers can be distracted by a radio, food, or even by other passengers. These activities can be just as dangerous to yourself or others on the road.

This is why it’s important to be vigilant in keeping distractions to a minimum when you’re behind the wheel. Before you start the car, put your cell phone away, make sure you’ve already finished your lunch, and set up some pre-sets on your radio. While it might take a few extra seconds, it could end up saving you from being part of a statistic.

With this coverage, the insurance company of the car that you were in will pay the first $2,000.00 or $8,000.00 of your medical expenses. How the bills are processed depends on whether you have health insurance, and what type you have. However, when you combine your car insurance and health insurance, getting your medical bills paid properly can get very tricky.

Often, hospitals and doctors are either unable or unwilling to navigate this insurance maze. So, we spend much of our time making sure that our clients’ medical bills are all paid before settlement. It’s this attention to detail that is important to make sure that an unpaid hospital bill doesn’t get sent to collections.

If you’ve been in an accident and have questions about how your medical bills are supposed to be paid, please contact us for a free consultation.

When you can’t work because of a car accident, your insurance will pay 75% of your lost wages under Personal Injury Protection benefits. While the most an insurance company will pay is $8,000.00, it’s at least enough to keep you on your feet while you’re dealing with an injury.

One thing to keep in mind is that most insurance companies will require a note from your doctor saying that you can’t work. So, it’s important to discuss any limitations you have with your doctor that will keep you from working.

Another thing to keep in mind is that if you’re able to use sick or vacation time while you’re out of work, you can’t also get paid from your car insurance. But, if your company allows it, your insurance company will “buy back” your vacation, so you’re able to use it for an actual vacation.

As with any legal topic, there are many details and pitfalls. It’s important that you speak with a lawyer as soon as possible to make sure everything is getting processed properly. If you’re injured in a car accident and miss time from work, contact the lawyers at Marcotte Law Firm who will go over all your options and make sure that your claim is handled properly.