Hard-Earned Experience: Things to Know Before You Take the Road

Five Things to Keep in Mind - Before You Drive

 

#1: Uninsurance and Underinsurance Policies: Invest in Yourself

 

We recently represented a motorcyclist involved in a catastrophic crash. His girlfriend was killed - and he was paralyzed. The person responsible for causing the crash had very little insurance. Even though we recovered all the money available, the motorcyclist ended up with much less than he deserved - because the money simply didn’t exist.

 

After a person is injured in a crash by another person, they generally file a claim against the responsible driver’s “bodily injury” insurance policy. A bodily injury policy pays for lost wages, medical treatment, and pain & suffering caused by a person driving the insured automobile. Under Massachusetts law, drivers in this state are required to have at least a $20,000 bodily injury policy. But what if the value of a person’s medical treatment, lost wages, and pain & suffering are valued in excess of the available bodily injury policy? Are you, as an injured party, limited to recover the amount of insurance selected by another driver? What if that person is too poor, too shortsighted, or too cheap to purchase more insurance? 

 

A driver can buy insurance to cover their own injuries called “underinsurance” and “uninsurance.”

 

1. Underinsurance covers the difference between the limit of the at-fault driver’s insurance policy and your claim.
2. Uninsurance protects you and your passengers in the case that the at-fault driver has no insurance, or in the case of a hit-and-run. 

 

It’s a good idea to purchase a generous policy. If you suffer a catastrophic injury like the motorcyclist above, your underinsurance or uninsurance policy may be all the money available to you (or to your loved ones), for the rest of your life.

 

#2: After a Crash, Get Yourself and Others to Safety.

 

Emergency situations, by definition, involve unpredictable risks. You can’t assume the other people will behave reasonably - they may be injured, confused, or angry. Other drivers may be under the influence of alcohol or drugs. They may have unknown circumstances that make auto crashes particularly upsetting, like prior trauma, a history of driving offenses, or they may not be insured. Maybe they’re late to an important appointment or they’re already upset about something completely unrelated. Maybe they have a passenger that’s shouting at them. Maybe some of those factors apply to you.

 

Whatever else might be going on, in the immediate aftermath of a crash, do your best to focus on addressing and preventing injuries. Other priorities can wait. If you or someone else is injured, don’t hesitate to call an ambulance - every automobile in Massachusetts is required to carry “Personal Injury Protection” insurance (a.k.a. “PIP”). PIP insurance, though limited to $8,000, covers initial medical costs after a crash - like the cost of ambulance transportation and emergency room visits. PIP is generally available to people involved in auto crashes regardless of who is at fault. No one should ever hesitate to get emergency medical treatment after a car crash because they’re worried about the cost of healthcare. 

 

#3: Document the Scene

 

Once the scene is safe, do your best to document what happened before the vehicles are moved. A cell phone camera is a wonderful tool. If you can, take photographs of all the vehicles involved, including damage, license plates, and the interior of the vehicles. Get photos of the other driver’s license and registration if possible. You can take video of witness accounts of what happened, photographs of witness faces and driver’s licenses, and exchange cell phone numbers and email addresses.

 

If someone is injured or there’s significant damage to either vehicle, you’re required to call the police to the scene or file a report. Police officers generally focus on arranging emergency medical care, completing criminal investigations, and exchanging drivers’ contact information. They often diagram the crash – but that may be all. Officers rarely take photographs of the scene or collect witness information. Once you leave the area, that information may be lost forever.

 

#4: Seek (and Follow) Professional Medical Advice

 

Regardless of whether you need emergency medical treatment at the scene or your local emergency room, if you’re in pain after a crash, contact your primary care physician or your nearest urgent care. It can take hours for pain to develop, especially the neck and back pain caused by whiplash in rear-end crashes. Aches and pains may seem like they’ll go away on their own, but you’ll only get one chance to document them right after the crash – and without documentation from a medical professional, insurance companies will be even more likely to suspect your claims are exaggerations.

 

They may prescribe medication, order imagery like CT scans or X-rays, or tell you to begin physical therapy. If you have good reason to think their advice is wrong, get a second opinion – but don’t ignore the pain hoping it will go away.

 

Once you’ve seen a medical professional… don’t ignore their advice! Even though the crash may not have been your fault, the law requires people to take reasonable measures to heal themselves after an injury. So, if a therapist gives you home exercise program, you should follow it. Otherwise, a defense attorney might later argue it’s not their client’s fault you didn’t do what you were supposed to do.

 

#5: Contact an Attorney

 

You’ll have to report any crash to your auto insurer… and so will the other driver. It can be hard fielding calls from insurance companies trying to resolve property damage claims, PIP claims, bodily injury claims, or underinsurance claims. None of these insurance companies have your best interest in mind. They may offer to settle your claim quickly knowing you’re unlikely to have a thorough understanding of your rights and the implications of a settlement. Frequently, the other driver’s insurance company will have someone call you hoping you’ll make a statement about the case… so they can use it against you later. Insurance companies won’t offer you quick cash because they feel a moral drive to do the right thing – they do it to save money.

 

The only person who shares your interest will be your own attorney. It pays to contact experienced legal counsel – someone who knows your rights and is ready to persuade insurance adjusters with rock-solid evidence like witness statements, surveillance video, medical records, and police reports. Without these materials, it can be impossible to convince insurers to cover the cost of treatment, lost wages, or compensate your pain and suffering.

 

Attorney Chris Fiorentino at Fiorentino Legal, P.C. has recovered millions for injured people – and he offers free in-person, zoom, and telephone consultations. Reach him directly at (617) 990-2568 or at cjf@fiorentinolegal.com.

 

With Ethan Xie. Ethan Xie is a rising senior at Milton High School who spent the summer and fall of 2025 interning for Attorney Chris Fiorentino to build an understanding of the life of a Massachusetts personal injury lawyer. This article is one in a series that documents the insights he gained through the experience.