Search Site
Menu

Is 93A Useful in an Accident Case?

Plaintiff lawyers often lament how the Supreme Judicial Court has authored opinions that restrict the rights of plaintiff litigants. But, in truth, there have been many instances where the court has been sensitive to the rights of victims. One such case is Rhodes v. AIG Domestic Claims Inc. 461 Mass. 486 (2012) which gave liberal meaning to Massachusetts General Law chapter 93A, the Consumer Protection Act. That act is applicable to insurers under Massachusetts General Law chapter 176D and requires them to act in a fair and reasonable way with first and third party claimants. Insurers are expected to settle claims promptly where liability has become reasonably clear. The calculation of damages was greatly enhanced by the Rhodes decision.

In my practice, I have found that chapter 93A and chapter 176D have been very effective tools in facilitating a faster resolution. That is logical because of the implications on a party who is in violation of those statutes. 93A is a tool used for everything from disputes on commercial transactions to disputes involving professionals. Retailers and professionals are held to the standard expected in the statute. We have had this law on the books since 1979 and it is one of the first consumer protection statutes that authorized significant penalties (double or treble damages and attorney’s fees). It is not a paper tiger.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    I’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...

    Read more

    Anne O'Leary

  • google
    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...

    Read more

    Branden B.

  • google
    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

    Read more

    Jane sungurov

  • google
    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...

    Read more

    Rena Sikarova

  • google
    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...

    Read more

    Rose M

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form