What if I don’t have car insurance?

The important issue is whether or not the car you were in at the time of the crash was insured.  If the car was not insured, or if its insurance did not include any no-fault coverages, there will be no automatic payments available for your medical expenses or lost wages.  Of course, the driver who caused the accident is responsible for all of your damages, including lost income, medical expenses, pain and suffering, impairment, and disfigurement; but his insurance company will not pay for your lost wages or medical expenses as you incur them.  Rather, those items are part of the total package of damages that you are entitled to be compensated for in a final settlement, which might be well into the future.

As for the damage to your car, if you do not have any collision insurance, the at-fault driver’s insurance company is responsible to pay for the cost of repairing your car, or for the cost of replacing it if it is total loss.  This part of your claim against the other driver can be resolved promptly and does not have to wait for the rest of your case to be settled.

What if the driver who hit me doesn’t have insurance?

This can be complicated.  All Massachusetts and New Hampshire car insurance policies have at least $20,000.00 worth of “Uninsured Motorist” coverage.  If the person at fault does not have liability insurance -- or not enough to cover your damages -- this “UM” coverage comes into play.  It’s as if you bought a policy to apply to whoever hits you.  UM coverage protects you in place of the liability coverage the other driver should have had.  One of several different policies with UM coverage might apply to your case, so you will probably need a lawyer to figure it out.
 

An explanation beyond this requires the specifics of a case.  This is what lawyers do.  They determine which vehicle’s “UM” coverage comes into play, under what circumstances, and for how much.  To find out more you should call your insurance agent or talk to a lawyer.

Do I have a case for pain and suffering?

Probably.  We won’t know for sure until after an interview.

 

In New Hampshire, you can bring a claim for pain and suffering any time you have a bodily injury that was caused by someone else’s negligent behavior.

In Massachusetts, you can only make a claim for non-economic damages like pain and suffering if

• a death has occurred;
• there are broken bones;
• there is permanent serious disfigurement; or
• there are reasonable and necessary medical expenses costing $2,000.00 or more.
  

Most claimants meet the $2,000.00 threshold requirement.

How soon after an accident should I contact a lawyer?

Since talking to any of the lawyers at Turgeon & Associates is free, earlier is better.  The sooner we are involved, the more we can do to protect your rights and make sure you get the compensation you deserve.  When you do call, one of our lawyers will talk to you for however long you need to decide whether hiring us is the right thing for you.

What if, at first, I didn’t think I was seriously injured, but later realize I am?

As soon as you have symptoms, get medical care right away, either at an emergency room or through your primary physician.  Be sure to tell them about the car crash.  Then call a lawyer.

 

If you have an injury that requires medical attention, you are entitled to compensation.  But the more time that goes by before you seek treatment, the harder it is to prove (and to get people to believe) that the injury is related to the accident.  And that makes it harder to get fair compensation.

Will I have to testify in court?

Probably not.  Most cases settle without a lawsuit being filed.  And even after a lawsuit gets filed, settlement is still likely.  Only about 5% of cases actually go to trial.