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An unfortunate twentieth anniversary has just passed. A law that went into effect on January 1, 1989 greatly curtailed the rights of Massachusetts auto accident victims. This concerned uninsurance and underinsurance motorist coverage. The Legislature passed a bill, called the Massachusetts Auto Insurance Reform Act, signed by Governor Michael Dukakis, which eliminated stacking of policies and instituted a “trigger”. The “trigger” offsets the amount of money an injured motorist can receive by the amount paid by the at-fault driver/insurer.
Why was this done? To reduce auto insurance premiums. The problem is that in response to a slight premium reduction Massachusetts consumers received greatly reduced insurance benefits for those coverages. Mind you, for access to those coverages the injured party must show damages. People who receive money under those coverages are injured. The point is that there may not be enough coverage to compensate the injury sufficiently.
I have testified before the State Legislature to repeal this law. Unfortunately, we are dealing with representatives who are disinclined to upset the apple cart. It is still possible to be appropriately compensated in an auto accident but you need to be certain that the at-fault party has sufficient insurance coverage. If not, you will need to have sufficient coverage under your policy and you may not because of the quirk in this law.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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5.0/5.0
Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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5.0/5.0
While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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5.0/5.0
I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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5.0/5.0
On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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