Legal Question in Insurance Law in Massachusetts

Re: medical reinbursments

Yes, you are, but how much and from whom will depend on a number of circumstances.

Your claim against the other driver is controlled by Mass. law, which requires that you have at least $2,000 in reasonable and necessary medical expenses because of the accident to qualify to bring a claim for "pain & sufferring" damages. If you do not meet this test, the other driver's insurance company will not have to pay you anything, but that will then qualify you to make a claim with your own insurance company for "Uninsured Motorist" benefits. The other driver will be deemed "uninsured" by virtue of the fact that you can't get at his insurance because of a technicality in Mass law. The claim for UM benefits from your own company will not affect your insurance premiums.

In cross-border situations like yours, it is a good idea to have a lawyer who practices regularly in both states (which I do).

Good Luck, however you decide to proceed.

Re: medical reinbursments

Yes. You will need to establish injuries and prove that your time and injuries have a value. Also, you may have the ability to recover an amount in excess of the other party's insurance coverage. I recommend you speak with counsel before accepting the insurance adjuster's determination of the value of your claims - they do not have your best interests as their statutory priority.

Re: medical reinbursments

Yes, you can. But be VERY careful if you are representing yourself. They will not pay you full value and will try to get rid of your claim by paying you "short money."

Chris Earley