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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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5.0/5.0Nothing but ALL GOOD THINGS! Colleen always got the answers I needed when I needed them, always responded to every text and call, and did it every time with a smile (I always imagined )! When I was getting antsy, she calmed my nerves, and when I made...
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5.0/5.0
Colleen is a Wonderful lawyer and communicated with us throughout the whole process and answered emails and phone calls in a timely manner. We highly recommend this law firm and Colleen Santora!
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5.0/5.0
Perry Feinberg represented me in a personal injury case. He was always accessible and very clear in his communications. I was very upset when the process commenced because thinking about the accident upset me greatly, but Perry was extremely patient ...
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5.0/5.0
Colleen Santora Has been amazing throughout this whole process. I am 100% satisfied with how she has been there and represented me.
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5.0/5.0
I worked with Perry Feinberg, as my personal injury attorney for an auto accident, Perry was very responsive, and available to answer all my questions. They are good at communicating with you and keep you informed. I’m finally able to put this acc...
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