Boston Car Insurance Claims Disputes: What to Know

You did everything right. You reported the crash, you went to the doctor, you sent the insurance company what was requested. Then the adjuster stopped returning calls, or the payments stopped, or a settlement offer was made that would not cover half of your medical bills.

This is more common than most people expect, and it is rarely a paperwork mistake. Insurance companies are businesses, and every claim they pay is money out the door. Understanding how Boston car insurance claims actually unfold and how to push back, puts you in a far stronger position.

Why Boston Car Insurance Claims Get Disputed in the First Place

Massachusetts has a no-fault system, which creates two separate tracks after a crash, and disputes can break out on either one.

The first track is Personal Injury Protection, or PIP. Under M.G.L. c. 90, § 34M, your own policy provides up to $8,000 in Personal Injury Protection (PIP) benefits for reasonable medical expenses, 75% of lost wages, and replacement services, regardless of who caused the crash. PIP generally pays the first $2,000 in reasonable medical expenses regardless of health insurance. After that, if you have private health insurance, it usually becomes the primary payer, with PIP covering deductibles, co-pays, and eligible unpaid balances until the $8,000 limit is reached.

The second track is the claim against the at-fault driver. To reach it, you have to clear the tort threshold set forth in M.G.L. c. 231, § 6D. That means that you must have either more than $2,000 in reasonable and necessary medical expenses, or an injury involving death, or permanent and serious disfigurement, or a fractured bone, or substantial loss of hearing or sight. These thresholds sit inside a wider framework of Massachusetts car accident laws that shape what you can recover and when.

Two tracks means two sets of opportunities for an insurer to say no.

The Car Insurance Claims Disputes We See Most Often

PIP benefits cut off early. An insurer schedules you for an independent medical examination. The examining physician concludes your treatment is no longer necessary, and further medical payments stop. The word “independent” is a misnomer as it is the insurer who selects and pays for the medical examination.

Offers that ignore what the injury actually cost you. An adjuster adds up your medical bills, applies an internal formula, and produces a number that accounts for nothing beyond that amount. Once the tort threshold has been met, Massachusetts law allows recovery for damages such as pain and suffering, permanent impairment, and lost earning capacity. These damages might not be considered in an offer.

Blaming a pre-existing condition. If you had a prior back or neck problem, expect the insurer to argue that the cause of your current medical condition was pre-existing and not the result of the crash. Massachusetts law does not support that position. A defendant takes the plaintiff as they find them. An aggravation of a previously existing condition is compensable. We have settled a vast number of claims built on precisely this fact pattern.

Shifting fault onto you. Under M.G.L. c. 231, § 85, your recovery at trial is reduced by your share of the fault for a crash. Any monetary award disappears entirely if you are found to be more than 50% responsible at trial. Knowing this law gives insurers a strong incentive to build a comparative negligence case on your part in an effort to reduce or eliminate any monies awarded to you.

Delay. Slow-moving adjusters and delays is a deliberate claim tactic. Your medical bills accumulate, the financial pressure builds, and the first low offer looks like your only option.

Massachusetts Raised Its Minimum Compulsory Motor Vehicle Insurance Coverage Limits in 2025

Effective July 1, 2025, Massachusetts increased its mandatory minimum motor vehicle insurance coverage for the first time since 1988. All vehicles registered in Massachusetts must carry bodily injury liability coverage of at least $25,000 per person and $50,000 per accident.  These amounts were increased from $20,000 per person and $40,000 per accident. Property damage coverage increased to $30,000 per accident. PIP coverage remained at $8,000.

The increases apply to policies written or renewed on or after that date, so the coverage available on your claim depends on when the at-fault driver’s policy was renewed. It is one of the first things worth confirming, because it can change the coverage available for a claim.

“Being involved in a car accident and dealing with the injuries, rehabilitation, medical bills, and insurance companies can be overwhelming. They went above and beyond to allow our focus to be on rehabilitation and made sure we were properly compensated in our personal injury claim. We highly recommend DOLAN CONNLY. Their communication, knowledge, and expertise were second to none.” – Rene F.

When Underinsured Motorist Coverage Matters in Boston Car Insurance Claims

Here is a fact pattern that we see often in our practice.

The at-fault driver carries the minimum compulsory insurance coverage in Massachusetts. That insurer offers the policy limit quickly due to your serious injuries. This might seem like the end of the claim, but it is not. If your injuries are serious, the at-fault driver’s coverage will not come close to reimbursing you for your damages. There is often additional coverage available through underinsured motorist coverage benefits on your own policy, if applicable. This only works if your underinsured motorist coverage is in excess of the at-fault driver’s coverage.

For example, one of our clients was walking through an Attleboro supermarket parking lot when a driver struck him with his vehicle. Our client suffered serious injuries including a fractured skull, nose, finger and knee, along with bleeding in the brain. The at-fault driver’s insurer immediately offered its insured’s $20,000 policy limit. We then pursued underinsured motorist benefits under our client’s motor vehicle policy and recovered an additional $230,000.  Our client received a total settlement of $250,000.

In another claim, a Hyde Park client was operating a vehicle which was struck in an intersection by a driver who failed to stop due to a missing stop sign. We recovered the at-fault driver’s $20,000 policy limit and then an additional $64,500 in underinsured benefits on our client’s policy.

One critical warning: before a settlement is accepted from the at-fault driver’s insurer, your own underinsured motorist carrier will need to consent to the settlement. Failing to notify your insurer and obtain that consent, may jeopardize your right to underinsured motorist benefits. Settling without that consent can wipe out your right to underinsured benefits altogether. Talk to a car accident lawyer in Boston before you sign anything.

What to Do When an Insurance Company Acts Unfairly

Massachusetts gives claimants a powerful tool that many states do not.

M.G.L. c. 176D, § 3(9) identifies fourteen specific unfair claim settlement practices, including failing to acknowledge communications promptly, failing to conduct a reasonable investigation, and refusing to make a fair settlement offer once liability has become reasonably clear. Certain violations of Chapter 176D may also constitute violations of M.G.L. c. 93A, allowing an injured claimant to pursue additional remedies.

The consequences are serious. A willful or knowing violation can result in double or treble damages, plus attorney’s fees and costs. Massachusetts courts have entered large awards on these violations.

There is a procedural step you must follow. Chapter 93A, § 9(3) requires that a written demand letter be sent at least 30 days before litigation is filed that must clearly identify the unfair settlement practices being alleged. A vague letter can undermine an otherwise strong claim. This is detailed and specialized work, and it is worth having a car accident lawyer in Boston handle the demand letter.

Boston Car Insurance Claims Have Strict Deadlines

Under Massachusetts’ statute of limitations, M.G.L. c. 260, § 2A, you have three years from the date of the crash to file a personal injury lawsuit. Some claims carry much shorter notice requirements, particularly those involving government vehicles or public or municipal property. Missing the applicable deadlines can prevent you from recovering compensation, regardless of the strength of your claim.

Talk to a Car Accident Lawyer in Boston, MA

At DOLAN CONNLY, P.C., we represent people across Boston and Massachusetts whose car insurance claims have been denied, delayed, or undervalued. We understand how insurers evaluate these claims, and we know how to challenge a decision that is not supported by the facts. Our verdicts and settlements include multimillion-dollar results in cases where the defense had offered little or nothing before trial.

If your claim has been denied, delayed, or undervalued, contact us today. We are available 24/7, and if you cannot travel to us, we will come to you.

Frequently Asked Questions

Here are answers to some of the questions we hear most often from drivers across Boston and the surrounding area.