Search Site
Menu
Common Situation 1 – Husband & Wife as Driver & Passenger

Common Insurance Situations in Mass Auto Accidents

Common Situation 1
Husband and Wife are traveling in a vehicle, which they jointly own and are the named insureds. Husband is driving and Wife is a passenger. The car goes off the road due to the negligence of Husband. This is a one-car accident. Can the Wife recover?

Answer to Common Situation 1
Yes. Wife can receive Part 5 optional bodily injury coverage. She is not entitled to Part 1 compulsory bodily injury coverage because she is a passenger. Note also that Parts 1 and 5 are not cumulative by the specific terms of the policy, i.e. you cannot add them together.

In this situation, there is no underinsurance available to the Wife from this vehicle or any other vehicles that she may own. The explanation for that is somewhat complicated. Your attorney should keep in mind Massachusetts General Law c. 175, § 113L(5), the statute that regulates where the injured person must look to for underinsurance benefits. See Mercadante v. Worcester Insurance Company, 62 Mass. App. Ct. 293 (2004) for a full discussion of this issue. See also Depina v. Safety Insurance Company, 419 Mass. 135 (1994) on the significance of being “the named insured”.

NOTE: Because the Wife is a passenger, she can sue her Husband for negligence. The insurance policy, even though written to her, must pay for her pain and suffering.

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

    Robert Feinberg did a fantastic job handling our case. He is a thoughtful, caring man, cordial and a complete professional. The settlement we received was more than we had ever anticipated, his legal work is beyond reproach. Thank you Robert!!

    Read more

    Robert Bard

  • google
    5.0/5.0

    After my motorcycle accident I contacted Feinberg & Alban. I met with Marsha for a consultation and she was great. Their entire team kept me in the loop for the entire process. Colleen was also a part of my case, she help me with understanding a lot ...

    Read more

    Beantownie 617

  • google
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Mitchell Petitti

  • lawyers
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Client

  • google
    5.0/5.0

    Robert and his team were unbelievably caring and thorough in working on my interests. It was a very serious case. It needed much attention and skill. Robert and his team were always there for me from the time I was in the hospital. They got me an ama...

    Read more

    Jason Lebovitz

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form