Practice Areas

Blog

News

Library

Testimonials

• "I sent this letter certified after receiving the free guide [from] Phillips & Garcia P.C. Saved Foreclosure. Thanks a million!" A.D. from Colorado
• After seeing first hand what you are up against concerning the big banking companies, we are even more amazed that you are willing to fight the fight. The little guy needs your help and your fearless attitude. You are good people and true Americans. We are honored to be called your friends. R.R. - Mich., Lockout & Trashout Victim
• The attorneys were very professional and I felt as though they always had my best interest in mind. Without them I would have been pushed around and just another number to the bank. N.L., Wrongful Lockout Victim
• Thank you Mr. Phillips. If we hadn't found you the [Bank] would have foreclosed on our property and I can't imagine the misery that they would have caused. S.N. - Arizona

View All

How to File a Property Damage Claim in Massachusetts (Part B)

What Your Insurance May Not Pay For

It is often confusing to determine what your or the other driver's insurance will pay for after a Massachusetts car accident. When determining what kind of coverage you have, it is important to understand what the corresponding benefits may be. For example, collision insurance covers the property damage to your car caused by your car accident, but not all of the expenses involved. Under General Laws of Massachusetts Ch. 90 Sec. 34O, collision insurance is not required to cover the following:

• Towing
• Vehicle storage
• Car rental costs

If you don't have collision insurance, the other driver's insurance must be notified and you must file your Massachusetts property damage claim with them.

Typically, neither your insurance nor the other driver's will cover towing and storage costs. As required by law, rental costs are the responsibility of the other driver's insurance.

Consumer Rights Regarding Insurance Settlement Practices

Insurance companies may drag their feet when it comes to paying settlements or use other tactics to not pay or to pay less the amount of you need. The following are "acts or omissions" by insurance companies that are against the law according to General Laws, Ch. 176D Sec. 3:

• Misrepresenting pertinent facts or insurance policy provisions relating to the coverages at issue.

• Failing to acknowledge and act reasonably prompt upon communications with respect to claims arising under insurance policies.

• Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies.

• Refusing to pay claims without conducting a reasonable investigation based upon all available information.

• Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed.

• Failing to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear.

• Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds.

These are just a few of the "unfair methods of competition and unfair or deceptive acts or practices" that an insurance company may try to use illegally against you. If you feel that you have been treated unjustly, the Massachusetts attorneys at Phillips & Garcia will fight for your rights in your property damage claim. 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 need help recovering compensation in a Massachusetts property damage claim, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Contact Information

Free Book

FAQs