Category: Motor Vehicle Accidents

Car Insurance and Fraud What You Need to Know

Insurance fraud is a common criminal offense. Car accident attorneys are often the last to know about the fraud. Perpetrators include individuals and health care providers and facilities that overbill insurers for treatments or submit claims for services that were never rendered. Car accident insurance fraud is another offense that can be unintentional or intentional. If intentional, there may be multiple parties involved with serious criminal penalties. Car insurance fraud occurs rather frequently. This was underscored recently when insurance fraud investigators arrested five people in Lawrence, Massachusetts who had alleged their vehicles were damaged in hit and run accidents. In one case, a defendant also alleged her car had been stolen. Experts who examined the vehicles confirmed that the property damages contradicted the defendants’ stories, leading to their arrests. In another Lawrence case involving fraudulent insurance claims, a jury convicted three men of insurance fraud in a scam that involved staged accidents and fraudulent chiropractic treatment and billing. The convicted men included the chiropractor who had treated the allegedly injured victims and the attorney who submitted the claims for payment. The prosecution’s case was bolstered by testimony from one of the scam artists who agreed to testify against the other three defendants. All were found complicit in the scam and face additional conspiracy charges that could land them in jail for several years. Investigators and prosecutors in these cases usually advise the media that insurance fraud affects everyone with higher premiums. While many claims are relatively minor, it is the cost of investigation and prosecution that causes the most expense and which are then passed on to the consumers. Other Types of Car Insurance Fraud Not all car insurance fraud is as insidious as the Lawrence cases. Many cases involve insurers who may have unintentionally omitted a family member under their policy and then submitted a claim for damages or injuries. Others may have failed to give complete information on how their car was used or that they moved to a different residence. To circumvent this, insurance experts advise consumers to meet a trusted agent in person to go over the policy so that all conditions are covered, exclusions explained and the necessary information obtained so that they are aware of situations where they can submit valid claims. Other examples of insurance fraud that involve individual insurers are those who submit claims for property damage that occurred earlier or in a separate incident or who submit inflated claims for repair costs. Still others may have been involved in a legitimate accident but then purchased insurance afterward before submitting the false claim. Consequences for Insurance Fraud If you are the victim in a motor vehicle accident where the other party has committed insurance fraud, you may not be able to receive any compensation from the person who caused the accident. This is why underinsurance coverage on your own vehicle is critical. If you are the perpetrator of the fraud, you may face criminal responsibility. Experienced motor vehicle attorneys are often the last to learn of the fraud as they don’t have access to the vehicles, the claims history, and the expert opinions that the insurance companies have. Call An Experienced Personal Injury Lawyer. If you are injured, call an experienced personal injury lawyer. Attorney Neil Burns has represented victims of personal injury since 1985. Call for a free consultation: 617-227-7423.

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Change in MA Law for Teens Leads to Fewer Crashes

Massachusetts law punishes junior drivers or those 16 and 17 year of age for speeding by suspending their licenses for a minimum of 30 days, then requiring a $500.00 reinstatement fee, two 4-hour education classes and a re-taking of the driver’s test. The more recent change in the law prohibits teen drivers from driving between the hours of 11 p.m. and 5 a.m. without being accompanied by a licensed driver at least 20 years of age. First offenders risk losing their driver’s license for 60 days. A second offense is a 180 day suspension and a third is one year.

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Marblehead Car Crash Into a Building

Though a Marblehead car crash into a building is not that common, such accidents are not that rare nationwide. Statistics show that there are some 20,000 car crashes into commercial buildings, retail stores, convenience stores and residences each year or over 50 per day. Causes of such accidents vary but include: Intoxicated or drug impaired drivers Pedal confusion or error—the most prevalent cause (41%) Insufficient building or roadway lighting Lack of barriers or protective devices in front of buildings Fatigued drivers Speeding Malfunction on vehicle

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Underage Drunk Driver Kills Three

In a tragic series of events, two women and a six-year-old girl lost their lives after their vehicle was struck head-on by an underage drunk driver on July 18, 2015.  You don’t need to be a lawyer to know that drunk driving is always the wrong decision.  Chandler Kania, 20, had spent his evening using the fake ID of an older friend to buy drinks at two bars in his North Carolina town.  His friends made efforts to stop him from getting behind the wheel, but he knocked one of them to the ground and proceeded to drive off.  Mr. Kania then drove north on the southbound side of Interstate 85, crashing directly into the vehicle of Felicia Harris, 49, Darlene McGee, 46, Janiece Smith, 6, and Jahnia King, 9.  Jahnia thankfully was not seriously injured, but lost her beloved relatives in the crash.

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4th of July Accidents

It is not difficult to understand why during holidays, and especially the 4th of July, car accidents and fatal injuries are at their highest peak. The National Highway Traffic Safety Administration (NHTSA) has commented a number of times over the years when the 4th of July weekend is approaching that motorists need to take special precautions when most people take 3 to 4 days off.  It is a time of parties and celebrations but also one where excessive drinking and late night revelry can lead to 4th of July injuries and tragic consequences.

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Snow Plow Accident

Snow and snow plows are a way of life in Boston, especially when snow falls have paralyzed Boston businesses and schools.  A snow plow can be a motor vehicle designed for that purpose or a truck outfitted with a plow.  Regardless, a snow plow operator should be trained for the task and be cognizant of other vehicles and pedestrians when performing snow plow work.  Unfortunately, because of weather, the size of the snow plow vehicle and difficulty in seeing pedestrians or motorists, snow plow accidents occur each winter, often resulting in serious injuries or death.

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Seatbelts Save Lives in Vehicle Collisions

CBS News correspondent Bob Simon was not wearing a seatbelt when he died in a motor vehicle collision in New York City the other day.  Mr. Simon was in a Lincoln Town Car limousine, which was accelerating into traffic jam.  Mr. Simon was pronounced dead at the hospital later in the evening.  The driver and the other two passengers in the same vehicle were not critically injured.

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Alcohol related traffic-deaths reduced across Massachusetts

One constant worry for drivers, regardless of age, location, or weather patterns, is the possibility of sharing the road with intoxicated drivers.  That concern might increase around popular “drinking holidays” such as Independence Day, Labor Day, or New Year’s Eve.  One fact that might put drivers across the Commonwealth at ease is that alcohol-related car accident deaths are on the decline in Massachusetts.

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Headlights and Motor Vehicle Accidents in Massachusetts

All Massachusetts drivers know that they are required to use headlights, beginning at dusk and ending at dawn.  Many other states have more restrictive laws.  Beacon Hill lawmakers are considering a bill to require that headlights be on at all times that “persons or vehicles on the roadway are not clearly discernible at a distance of 500 feet” and whenever windshield wipers are required.  This bill has been introduced many times, however, becomes closer and closer to being a law each session. Many other states require that lights be on when windshield wipers are on, noted David Linsky, a Natick representative, the author of the bill.

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