Insurance Company’s Offer of Settlement

You live in Boston. You were injured in an accident in Massachusetts. You sought medical treatment, maybe at Massachusetts General Hospital or Boston Medical Center, for example, and got yourself better. Now it is time to settle your personal injury case with the insurance company. But what is a reasonable offer of settlement given your injuries and your case? First, talk with your Boston personal injury attorney, they are in the best position to advise you regarding your particular claim. The Boston attorneys at the Law Office of Neil Burns routinely offer such advice to their clients.

In Massachusetts, we have two primary statutes that apply to insurance companies when they fail to make a reasonable settlement. First, there is Massachusetts General Laws Chapter 93A, the Consumer Protection Statute. Second there is Massachusetts General Laws Chapter. 176D. Both of these laws protect consumers of insurance and those who file claims under insurance policies that are in effect in Massachusetts.

In another minimal-property-damage to the-car case, the plaintiff alleged a torn knee ligament as a result of a rear end collision. Nevertheless, Commerce refused to offer more than $1,500 for a settlement. On it’s face, this sounds like a violation of 93A and 176D. However, the Court said that the fact that there was minimal vehicle damage, no reported injuries at the scent, and no immediate medical treatment, it was not reasonable for Commerce to believe that there were such extensive injuries. Further, there was medical evidence of a long term problem with the knee.
In fact, at trial, the jury did not believe the plaintiff, and awarded no damages.
The case noted above is cited as: Lanton v. Lin, et al. (Middlesex Superior Court) (Civil Action No. 08-280) (June 28, 2010).