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Pain and suffering damages from insurance company in MA

I was a passenger in a car driven by a guy I don't know that well (don't mind suing him) when he drove through a red light and hit another car. The other driver was good but I injured both of my knees. Can I get pain and suffering from the insurance company or would I have to sue the driver of my car to get anything like that. The pain has been intense and I also had hospital bills that I have to pay now because my insurance did not pay for all of them. Thanks.

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Under Massachusetts law, someone who is seriously injured in a car accident and has more than $2000 in medical bills can make a claim with the insurance company for pain and suffering damages.  If your damages, including your pain and suffering, exceed the amounts covered by the negligent party's insurance, your attorney may also advise you to pursue a tort claim against the driver.  In that case, you may collect pain and suffering damages directly from the negligent driver.  Obviously, given your substantial damages and the complexity of suing a person in a Massachusetts court, you should talk to an injury attorney at your earliest convenience.  She will help you sort through the issues and find the best way to seek compensation for your damages. Hope you feel better soon.

Submitted Thu, 04/26/2012 - 10:16

Hello: Yes, you may make a claim, as long as your medical expenses are at least $2000. You would be making a claim against the insurance company who insures the at-fault driver. Be very, very careful NOT to speak with any insurance adjusters who call you before first speaking with an experienced personal injury attorney. Feel free to call my office if you would like a free consultation to discuss this case. Thank you.
Attorney Chris Earley
617 338 7400

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