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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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5.0/5.0I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...
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5.0/5.0
Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...
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5.0/5.0
My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results
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5.0/5.0
I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...
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5.0/5.0
Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...
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