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An unfortunate twentieth anniversary has just passed. A law that went into effect on January 1, 1989 greatly curtailed the rights of Massachusetts auto accident victims. This concerned uninsurance and underinsurance motorist coverage. The Legislature passed a bill, called the Massachusetts Auto Insurance Reform Act, signed by Governor Michael Dukakis, which eliminated stacking of policies and instituted a “trigger”. The “trigger” offsets the amount of money an injured motorist can receive by the amount paid by the at-fault driver/insurer.
Why was this done? To reduce auto insurance premiums. The problem is that in response to a slight premium reduction Massachusetts consumers received greatly reduced insurance benefits for those coverages. Mind you, for access to those coverages the injured party must show damages. People who receive money under those coverages are injured. The point is that there may not be enough coverage to compensate the injury sufficiently.
I have testified before the State Legislature to repeal this law. Unfortunately, we are dealing with representatives who are disinclined to upset the apple cart. It is still possible to be appropriately compensated in an auto accident but you need to be certain that the at-fault party has sufficient insurance coverage. If not, you will need to have sufficient coverage under your policy and you may not because of the quirk in this law.
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...
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Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...
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I had the pleasure of working with Attorney Colleen Santora after I was involved in a car accident. She was very attentive, professional, and courteous throughout our entire case involvement. I appreciate everything she did to help me. She is wonderf...
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I was in a terrible car accident. I was referred to Colleen by a friend. She is amazing! Answered my every call, text and fought for me. Being a hairdresser for 40yrs it was horrible trying to cut hair with a broken hand, but in the end Colleen got m...
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Colleen Santora is an outstanding attorney. I reached out to her after I was hit by a car as a pedestrian and she walked me through every step of the process with clarity and patience. She’s a fantastic communicator, extremely responsive and alway...
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