The extent of my injuries after a car accident only became clear after a few weeks. How long do I have in MA to claim injury after an accident?

The Massachusetts General Laws states that from the date of the accident there is a three year period to file a law suit in court (“statute of limitations) against the other driver and a two-year period in which to claim No Fault and Medical Payments benefits against your own insurance company.

When the vehicles are both registered and insured in Massachusetts and there are personal injuries, each driver submits his or her initial claim to his or he own insurer under the MA No Fault Law. Depending on the type of health insurer you have, the No Fault Carrier is responsible to pay up to $8,000.00 per person for reasonable and necessary medical expenses and partial lost wages plus up the limits of any optional Medical Payments coverage for reasonable and necessary medical expenses. Again, the medical bills must be incurred within two years.

However, the insurer can contest the validity of your medical bills. Remember, insurance companies are trying to spend as little as possible on you, no matter how faithfully you make your payments. This is what makes it so important, aside from health reasons, to visit a doctor for treatment and documentation shortly after an accident.

The law allows that insurers can demand an injured party “submit to physical examinations by physicians selected by the insurer” As to how often you might have to make a trip to see doctors hand-selected by the insurance company, the law only specifies “as often as may be reasonably required.” Should you think that their demands are unreasonable, they may use your “noncooperation” as a reason to deny you payment.

If an insurance company is not giving you your due, call us today to discuss options.

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