Articles Tagged with uninsured motorist coverage

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Not all Massachusetts car accident injury claims will be resolved in a courtroom. Some of course will be settled without ever having to file a lawsuit. Injured motorists, passengers or bicyclists simply file a claim with the insurer, the insurer makes a reasonable settlement offer, claimant signs off on it and it’s done. (This is usually for cases wherein injury was not serious and damages weren’t extensive.) Other times, claims will be resolved via arbitration. car accident attorney

Arbitration is not necessarily a preferred forum for resolution of Boston car accident claims (or any civil litigation) where the plaintiff is concerned. It’s not a transparent process, and results tend to be more favorably skewed toward the defendant/ insurer (at least compared to personal injury litigation outcomes). However, many courts in Massachusetts will uphold arbitration agreements, depending on the language in the insurance policy.

For instance last year, the Massachusetts Appeals Court held the lower court (Bristol County Superior Court) in Chamberland v. Arabella Mutual Insurance Company did not abuse its discretion in deciding the insurer could compel plaintiff in the car accident lawsuit to resolve the underinsured motorist claim via arbitration, rather than in a courtroom.  Continue reading