Legal Question in Personal Injury in Massachusetts

Re: personal injury

This is standard for MA. If you want to settle with the insurance carrier you are required to release their insured directly. If not you must sue the insured individually. Any questions please feel free to contact us.

Re: personal injury

This is standard for MA. If you want to settle with the insurance carrier you are required to release their insured directly. If not you must sue the insured individually. Any questions please feel free to contact us.

Re: personal injury

Am I correct in assuming that you have not filed a lawsuit against the insurer and/or the insured, you have only made an injury claim? If so, you might consider refusing the insurer's settlement offer and filing suit instead against both the insurer and the insured (the person responsible for hitting you), then brokering a settlement with the insurer, releasing them out of the case, and pursuing the individual directly, seeking damages above and beyond that available through insurance. (This would only be worthwhile if the insured has assets to satisfy any judgment, and probably only appropriate if your damages clearly exceed the limits of the available insurance policy).

This would be very tricky do effectuate legally and procedurally, however, and you could actually harm your interests if not handled correctly and carefully. Therefore, I strongly recommend you seek the advice of counsel prior to doing anything more, including even accepting the insurer's offer and signing a release. Feel free to contact me directly for help.

This response to your question does NOT constitute legal advice nor create an attorney-client relationship.

Re: personal injury

I am not clear why you do not want to release the policyholder. Are you planning on bringing a claim against the policyholder? As a practical matter, you do not have a settlement, and will not receive any money, until you sign a release naming both the policyholder and the insurer. I am a little concerned you asking such a basic question and handling this yourself and wondering if you are knowledgeable or experienced enough to evaluate if this offer to settle is adequate. Good luck. Regards, JBS