Personal Injury Claim Procedures for Uninsured Motorists in Massachusetts

The Massachusetts Auto Insurance Policy sets forth slightly different proceedings for Massachusetts uninsured motorists in a personal injury claim resulting from auto accidents.

In Massachusetts, instead of going to a court, uninsured/ underinsured parties in personal injury claims participate in an arbitration proceeding. Arbitration accomplishes the same thing as a regular trial in a court of law. A hearing is held in front of an arbitrator, who oftentimes is in fact a judge hired for these special proceedings.

The parties must agree on the arbitrator, and if an agreement cannot be reached, an arbitrator will be appointed. Both sides will present their side of the case and the arbitrator resolves the dispute between the two parties, either awarding the plaintiff the damages sought, dismissing the case for invalidity, or finding for the defendant that there was no fault. There is no jury involved in arbitration.

The benefits of arbitration include:

• reduced costs,
• speedy decisions (usually only a few days rather than months or years), and
• less stringent procedures than a court trial

Before going into an arbitration proceeding, your Massachusetts personal injury attorney will go over the specific procedures and details involved, and may even give you an opportunity to practice your statements so that you will be extremely comfortable throughout the entire process.

For more information on Massachusetts personal injury lawsuits, please visit our library. 

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.