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A surprising number of times the issue arises as to whether there can be a claim for personal injuries where there has been no contact between automobiles or, theoretically, between an automobile and a pedestrian. This issue arises especially in the case of motorcycle accidents where my clients, the motorcycle operators, in an attempt to avoid a collision caused by an oncoming car will “put down” the motorcycle. The simple answer is that a motor vehicle accident, indeed one that is actionable, can occur in the absence of contact. The Massachusetts Auto Insurance Policy defines accident as “an unexpected and intended event that causes bodily injury” arising out of the use of an auto. To see the complete definition, consult page 2 of the Auto Policy. Clearly, then, there need not be contact between the injured party and the offending vehicle. It may be that evasive action was required such that a motorist had to drive off the road to avoid an out of control car. It is not hard to understand that the vehicle which went off the road had a driver or passengers who were injured. Quite simply, contact is not required and any insurer who raises that defense is not being faithful to the terms of the Policy or Massachusetts case law. Moreover, they are going against decades of well-settled case law in Massachusetts as described in Massachusetts Practice, Motor Vehicle Law and Practice and Related Topics, Section 7.3, H “Liability Without Contact,” West Publishing, 3rd Edition.
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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