Car accidents often cause extensive injuries and damages. While injured parties can seek compensation from the drivers that cause collisions, they will often also file claims directly with the motorists’ insurers. Insurers have a duty to promptly investigate claims and, if appropriate, make reasonable settlement offers, and if they do not, injured parties can pursue claims against them as well. Typically, such claims must be litigated after the claims against the negligent driver are resolved, however, as explained in a recent opinion issued by a Massachusetts court. If you were hurt in a crash caused by a reckless driver, you should meet with a Massachusetts personal injury attorney to evaluate your possible causes of action.
The Facts of the Case
Reportedly, the plaintiffs were driving on a highway in New Hampshire when they were hit by a car driven by the defendant driver. Both plaintiffs suffered serious injuries. The police who investigated the accident determined that the defendant driver was at fault and cited him for driving under the influence of alcohol. The plaintiffs then filed a claim with the defendant insurer, the company that insured the defendant driver.
Allegedly, although the plaintiffs provided the defendant insurer with a comprehensive demand package, it failed to make an offer. Thus, the plaintiffs filed a lawsuit, asserting negligence claims against the defendant driver and unfair settlement practice claims against the defendant insurer. The defendant insurer then moved to sever and stay the plaintiff’s claims against it. Continue reading →