Legal Question in Personal Injury in Massachusetts
Vehicle Compensation
Shortly after moving to MA, I was involved in an auto accident in which I was injured and my vehicle was totalled. Numerous people have asked me if I've recieved compensation for my vehicle. Is there a state law that requires an insurance company to pay vehicle compensation before medical or is this just a ''courtesy'' offered by some insurance companies?
2 Answers from Attorneys
Re: Vehicle Compensation
If you have a MA policy, Under MA law you are entitled to payment for the value of your car. However, you may have to negotiate with the insurer about the value. Your medicals are covered under your own policy too. If accident was caused by the negligence of another, you have the right to sue if your medicals exceed $2,000.
Re: Vehicle Compensation
Most companies handle property and injury claims separately. Usually you will get a check for the book value of the car after the company has inspected it. Try talking to the adjuster, or a supervisor. If worst comes to worst, try the Mass. Commissioner of Insurance.