Massachusetts Personal Injury Library
Fatal Mistake #4 – Not Getting Legal Advice (Part B)
This is an excerpt from the 7 Biggest Mistakes That Can Wreck Your Massachusetts Accident Case by the Boston car accident attorney, Thomas M. Kiley.
5. Unless you are ready to settle your claim, do not accept any check from any insurance company if there is anything on the front or back that says “final payment.”
I have seen checks like this many times. Sometimes it may be a deliberate attempt by the insurance company to trick you into releasing all your rights. Sometimes it is just a clerical error, but even that can complicate your injury claims later in the legal process.
6. Adhere to deadlines set by your own insurance policy.
Most policies require a signed proof of loss or the filing of a lawsuit by a certain deadline. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company.
All policies allow you only a certain amount of time from the date of loss in which to bring a legal action if your claim has not been adjusted fairly.
If your claim has not been settled to your satisfaction within six months of your loss, consult with a Massachusetts personal injury attorney immediately. Failure to do so could result in the complete loss of your right to sue.
If you are making a claim against any governmental entity, such as a city, county, or even the federal government, the deadlines can be much shorter – as short as 30 days from the date of the injury.
If you have any reason to believe your claim may involve a government agency, you need to contact a lawyer as soon as possible after your accident or you may lose all your rights to make a recovery for your damages.
7. Insist that the insurance company provide you with the coverage it promised you.
You have a contract with your auto insurer. Your insurer has a legal obligation to provide the coverage it promised to you. Make sure that your insurer fulfills that obligation. You do NOT have a contract with the other driver’s insurance company, and in Massachusetts, there is NO requirement that the other driver’s insurance company treat you fairly.
Be extremely cautious in accepting any statements from the other driver’s insurance company, as the adjuster may not be telling you the truth. Understand that the insurance adjuster’s job is to protect the insurance company and its own insured driver or property owner.
The adjuster has NO duty to protect you – their job is to pay as little as possible in order to get your signature on a release that forever prohibits you from making any additional claims.
Continue to Fatal Mistake #4 – Not Getting Legal Advice (Part C)
