BRABANT & HUYNH LLP Attorneys at Law

If you have been involved in an auto accident in Massachusetts, the insurance carrier of the person’s vehicle that you are in (PIP follows the car, not the person) will cover your medical bills and lost wages up to $8000 dollars pursuant to the vehicles PIP coverage which is a compulsory and part of all Massachusetts motor vehicle liability insurance policies. See M.G.L. c. 90, §§34A and 34M

When you have private health insurance (i.e. Blue Cross Blue Shield, Harvard Pilgrim, Aetna, Cigna, United Health Care, etc) PIP will pay the first $2000 dollars in medical bills you incur as a result of the accident and then the remaining $6,000 dollars of the PIP will be paid out after the bills are first submitted to your health insurance for consideration under M.G.L. c. 90,§34A which provides for the coordination of benefits between health insurance carriers and motor vehicle insurers.   This coordination will be delineated and discussed further in future posts.

It is a requirement to complete and sign an application for Benefits-Personal Injury Protection packet so that your motor vehicle insurer will pay your medical bills and lost wages. This application is critical for processing payment of your medical bills and lost wages, and an eye for detail is key in making sure it is filled out in the most accurate way possible.

If you need help with a PIP application for a car accident, or any other personal injury issues, please call the car accident attorneys at Brabant & Huynh LLPat 617-934-0913 for your personal injury where we are located in Quincy and Dorchester and we will be glad to help you evaluate your case and ease the burden of going through the process.

If you have ever been in an accident and were paid out a certain sum of money in settlement for your pain and suffering you may have an idea as to how the insurance adjuster handling your case arrived at that particular number.  I say you ‘may’ have an idea, because pain and suffering is very difficult to quantify and the adjuster will use many a different method to quantify it for you.  Pain and suffering is a subjective, intangible and difficult thing to put a number on which is why the process, which may be very standardized is also very inexplicable and enigmatic.

It is key to remember that adjusters work on hundreds of cases at a time and are not humanly capable of wholly sympathizing with each and every accident victim.  This is why it is critical to have an attorney, who will gather as much information as possible about your experience, help you to chronicle it accordingly, and present it in the most effective way to the insurance company, so the adjuster can determine what a case is really worth.

Of course there are standards, but each adjuster has his or her own methods of applying those standards to arrive at a valuation for your claim and each will scrutinize or weigh certain details of the case with more attention based on their experience, training and background. This is why understanding the intangible qualities and making them as clear and concrete as possible are critical to the accurate appraisal of your claim.

If you need help with a car accident, or any other personal injury issues, please call the car accident attorneys at Brabant & Huynh LLPat 617-934-0913 for your personal injury where we are located in Quincy and Dorchester and we will be glad to help you evaluate your case and ease the burden of going through the process.

Mass Health is the health insurance of choice for many in Massachusetts.  If you have Mass Health and you obtain a settlement from a personal injury case, Mass Health will place a lien on your settlement which means they will seek to enforce their right of recompense for monies paid out.

Mass Health is entitled to repayment for medical bills paid out for the injury victim which are related to the accident.  It is important that you pay close attention to the words “related to the accident”, because many times Mass Health will put a lien on the settlement for treatment that may not have been related to the accident:  This is because they do not have all of your medical records, which is why it is key to have an attorney who can help you make sure any lien imposed by Mass Health is only for accident related treatment.

Even if the lien is for treatment related to the accident, Mass Health may still decrease their lien if negotiated properly.  When settling a personal injury case in Massachusetts a Mass Health check is unavoidable.

The insurance company offering the settlement will run a Department of Revenue or (DOR) check to verify whether or not Mass Health has a lien.  It will also look to see if you owe any child support or back taxes to the Commonwealth of Massachusetts. If a Mass Health lien (or any of the other liens) come up, the insurance companies call this a ‘hit’, and they will either name Mass Health on the settlement check, or cut a separate check for the amount owed to Mass Health and send it to Mass Health with the balance going to you and your attorney.

If you need help with a car accident, or any other personal injury issues please call the car accident attorneys at Brabant & Huynh LLPat 617-934-0913 for your personal injury where we are located in Quincy and Dorchester and we will be glad to help you evaluate your case and ease the burden of going through the process.

Car accident victims ask us this question all of the time: How long do I have to sue? For a Massachusetts car, truck, or motorcycle accident, the following general rules apply:

You have three years from the date of a negligently-caused automobile accident in which to sue the responsible driver(s) for your personal injuries. See MGL c. 260, sec. 2A. If you are contemplating suit against your own uninsured or underinsured motorist carrier, the six-year limitations period for written contracts applies. See Royal Globe Ins. Co. v. Craven, 411 Mass. 629, 636-39.
When and why your limitations period runs depends on the facts. You’ve probably heard it before; seek professional help.If you need help with this or any other accident related issues please call the car accident attorneys at Brabant & Huynh LLPat 617-934-0913 for your personal injury where we are located at Quincy and Dorchester and we will be glad to help you evaluate your case and ease the burden of going through the process.

Many people think they would know what to do if they were in an accident and that you would have and know everything you need in advance.  But you should always be prepared and it is helpful to do the following in case you are involved in an accident.

• Take pictures of the scene and the property damage of the vehicles if it can be safely accomplished
• Have your insurance ID card, vehicle registration and list of emergency contacts in the car
• Have a Flashlight, Flares and Jumper cables

1. Be Careful and Cautious

• If drivable, put your car in a safe location, but don’t leave the scene.
• Ascertain whether anyone is injured. Call 911 for medical assistance.
• Contact police.

2. Remain Focused and Calm

• Don’t be troubled and afraid – remain calm and focused
• Do not admit fault
• Speak with the police making sure you convey your side of the story to them.

3. Exchange information

• Collect contact information for all who were there, including other drivers, witnesses, and the tow company if your car is towed.
• Obtain police report information
• Collect information about all vehicles involved:
  • Year, make, and model
  • License plate number
  • Insurance carrier
  • Insurance policy number

4. Report the accident

Call your insurance company to report the accident and any injuries that occurred as a result.

Car accidents can be scary situations but it is important to remain calm and do the above steps.  After these steps are accomplished it will also help to contact an attorney who can greatly ease the stress of dealing with such personal injury issues and increase your chances of obtaining a settlement for your accident.  If you need help with this or any other accident related issues please call the car accident attorneys at Brabant & Huynh LLPat 617-934-0913 for your personal injury where we are located at Quincy and Dorchester and we will be glad to help you evaluate your case and ease the burden of going through the process.