Legal Question in Personal Injury in Massachusetts
Auto Accident Passenger suffered major injuries.
Was passenger in auto hit head on by driver on wrong side of road, Oct. 31, 1999. Suffered C1 fracture of neck; right femur torn from right hit socket. Halo placed on head for 3 months. Corrective surgery after I was stablized on Nov. 6 for hip. Still in hard collar; unable to work or drive. At fault driver charged with 'Driving to Endanger' and 'Failure to keep to Right'. There is a question of sobriety but she was on prescription anti-depressants at the time. Two insurance companies and three policies involved. Two car owner policies and a policy for the driver of car I was in (not the owner. To date have received no moneys except for PIP. Insurance company says investigation is ongoing after 5 months and they refuse to disburse money. I have no income and am not able to work. What is my recourse? Also, if proven that she was drinking prior to accident, is the bar establishment liable, also? Three individuals were injured but my injuries were the worst and life threatening.
4 Answers from Attorneys
Re: Auto Accident Passenger suffered major injuries.
The liability insurers will pay you only once- after you sign a complete release. I understand your pressing need for money and wish that they would just hurry up and pay you but it is not at all unusual for the amount of time involved here to pass before a case is resolved. The liability carriers will not dole out payments piecemeal.
You also should wait before giving out any releases since you do not now have the full picture of your ongoing damages.
I hope there is plenty of coverage because the liens for your medical expenses are going to eat up a lot of the recovery.
Charles W. Cobb
www.massachusettslawyer.net
Re: Auto Accident Passenger suffered major injuries.
You need to contact an attorney ASAP. If you call me, there is no charge to discuss the case, and I can help you get the best representation to get you some help. It sounds like you have been through a terrible time, with your injuries, and then to add the loss of income... it is not anything anyone should have to go through. Call me at (508) 822-7777. Tom Workman
Re: Auto Accident Passenger suffered major injuries.
I concur with attorney Workman's sentiments and advice.
In dealing with recalcitrant insurance carriers, Massachusetts has two inter-related statutes which are useful in pressuring the companies. Where liability is "reasonably clear" an insurance carrier has an obligation to make a reasonable offer of settlement on demand. If the company fails to make such an offer, it can be sued for punitive damages (up to three times actual damages), interest, costs and a reasonable attorney's fee.
I am available to discuss this with you further.
Sincerely,
JWL (617) 566-3670
Re: Auto Accident Passenger suffered major injuries.
You will not be taken seriously without a good attorney.
You need to contact one immediately. There are remedies available if
an insurance company does not make a reasonable settlement offer when
liability is clear.
Most attorneys would take this type of case on a contingency.
The lawyer would not get paid unless he or she recovered money
for your injuries.
I cannot stress the importance of contacting an attorney immediately.
If you are in the north shore area and would like to discuss this matter
further my number is (978) 465-5158 I offer a free consultation.
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