How long do I have in MA to claim injury after a car accident?

The Massachusetts General Code explicitly says there is a three-year period in which to claim personal injury after an accident. However, the law also stipulates that you make your claim “as soon as practicable after the accident occurs from which such claim arises” (Title XIV, Section 90, Chapter 34M)

Depending on who was found to be at fault in the accident, either your insurance or the other party’s is responsible by law for paying legitimate medical expenses, arising directly from the accident, up to the limits of the relevant policy. They must begin payment on these reported expenses within ten days.

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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