Motor Vehicle Accident Attorney Archives

Many attorney’s websites are telling me that MAJOR violations only include such things as hit and runs, DUIs, OUIs, manslaughter by motor vehicle, etc. and that the Mass. RMV does not count accident surcharges (or groups them with minor moving violations). By state law, anyone with three major moving violations in a 5 year period is eligible to get their license suspended for 4-8 years. Does that sound right for someone who got into 3 non-serious accidents within 5 years?
Like I said, most attorneys I’ve looked into say accident surcharges don’t count but I can’t find anywhere that officially distinguishes between a moving violation and a major moving violation in the state of MA.

Depends on the severity and costs of the accident.

Surchargeable Point Schedule
The following is the current surchargeable point schedule in Massachusetts:

Major traffic violation (such as DUI): 5
Major at-fault accident (such as a claim over $2,000): 4
Minor at-fault accident (claim of $500 to $2,000): 3
Minor traffic violation (such as speeding): 2
You get a free pass on the first non-criminal minor traffic violation, which will not be subject to a surcharge. After that, the points start to rack up.

So the difference between major and minor is that $2,000 mark. $1,999 is minor.

But the following applies:

"Surchargeable Points" Affect Your License Status
In terms of your license status, the Massachusetts RMV cares a lot more about the number of violations you accumulate than the points, which have more to do with your insurance coverage (see below). Here’s how your license can be affected by "surchargeable events":

If you are found responsible for three speeding violations within 12 months,your driver’s license will be suspended automatically for 30 days.
If you collect five surchargeable events on your driving record within three years, you will receive a letter from the RMV instructing you to complete a driver retraining program. You must complete it within 90 days or your license will be suspended until you do complete the course.
Collecting seven surchargeable events within a three-year period will result in an automatic 60-day suspension.
If you’re a junior operator (younger than 18), you face a license suspension of 180 days for any combination of two speeding or drag racing violations, and a one-year suspension for a third violation.
But remember, this is only part of the damage. Your insurance company is going to raise your rates for every surchargeable event and will reduce your rates for a long-term clean driving record.


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What kind of settlement could I be looking at?

In September of 08 I was involved in a motor vehicle crash. The other driver pulled out in front of me which resulted in me hitting her doing about 45 MPH. An estimate has been done for my vehicle which showed that there is about $6,000 in damages to my car. I had both of my children in the car (ages 2 months and 2 years at time of accident) her insurance has already compensated me for the car seats but has yet to write a check to fix the damages to my car. I have hired an attorney who is working on my case for me. My children have been fine since the accident, however my I did suffer injuries. An MRI showed two ruptured disks in my L4 L5 and L5 S1 and I have been told by two doctors that I will need to have surgery in order to correct this issue. This injury has been horrible and life altering and has really changed my life around. I have been put on restrictions, I am not permitted to pick up my now 16 month old daughter and my activities are limited. I do have an apt to meet with a neurosurgeon next week to discuss when we want to do the surgery but I know a settlement will come after my injury is corrected but it doesn’t change the fact that I am still working on getting a check for my personal property damage which is horrible that I have had to wait over a year to receive this check to fix my car. I don’t know how to push things along and get this taken care of, and wasn’t sure if the property damage portion will come with my settlement.

I am just curious as to what I could be looking at in regards to a settlement for this accident. I am not sure what they base settlement amounts off of. I am a SAHM so I haven’t endured lost wages, however my husband has had to take numerous days off of work to take me to the doctors office or hospital when I was in such excruciating pain that I could hardly move.

I appreciate any help or advice. This whole thing has been a complete and total nightmare.

You’re paying your attorney 40% of the total claim - you should be getting your advice from them.

The laws vary from state to state, so any generalization, flat out might not apply to your case.

It’s extremely odd that they paid for your car seats, but not your car. You can ALWAYS file a claim with your car insurance, under the collision.

Regarding a settlement, it’s NEVER going to be more than the policy limit - which can be as low as $10,000, depending on what state you are in. Your medical bills would eat that up really fast.

Sorry. There just flat out isn’t enough information to guestimate. But your attorney should be giving you an idea.


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I was driving my brothers scion tc early one morning and this crazy taxi side swiped me making me run of the road and eventually the car hit the curb so hard and because of the sport suspension, it flipped skidded and hit an electric pole and broke 2 mail boxes. When the police came, i was standing there being bashed with all kind of traffic violations when i really didn’t deserve not even one of the them. The taxi had ran and i didn’t get the tag number or anything and it was during early morning and i didn’t have any witnesses. Now i gotta go to court in less than 2 weeks, i’m was only 17 and the sad thing is that my age group is considered reckless and dangerous even though i haven’t had a ticket or any violation in the year and i half i’ve had my license(i’m a really down to earth cautious driver), plus scion tc is known to cause accidents among the youth coz its affordable and reliable with high performance, good recipe for a youth car. I’ve been told that since it my first violation, the judge might be lenient on me, all the three traffic violations on me and i might get them dropped even if i don have a lawyer with me. I’m so worried because if i happen to be given those points with are about 9 points in NC, i will never be able to afford my insurance all through my college life. Should i get an attorney or do you think the judge will be lenient?

Details:
I wasn’t hurt which is one thing that made me appreciate life and give it a whole new look coz the car was totaled, plus the accident happened 2 weeks before i turned 18 which puts me as an adult since i’ve already turned 18. The charges were:
1)Driving on restricted times coz i’m not supposed to drive between 9pm and 5am. The accident happened at 4:55 am. but i can drive at anytime now that i turned 18. The main reason why i was driving was because my brother picked me up after a night of partying and i saw the guy was completely drunk so i decided to drive because he was drunk and we had to get home coz we i had to be in church in like 3 hrs.
2) Aggressive driving.
3)Speeding. He said i must have been doing over 65 mph on a 35mph zone just because the car hit and broke the electric pole. And the car’s gross weight is about 4000 pounds which i find it as a really unfair and unprofessional judgment.

Also my brother, who i don’t live with didn’t have insurance of which i honestly didn’t know that he didn’t have it which makes the case harder because theres no letter from the insurance company. My parents were sooooooooooo mad after discovering that, good thing is that he will learn his lesson that motor vehicle insurance is nothing to play with after loosing a $14000 car when he is only 20 and living alone, plus i don have to pay him anything coz he risked my life and many other things such as hurting or killing someone while uninsured.

Worried youth.

Get a lawyer or public defendant. You flipping has nothing to do with your speed it is the speed of the person who hit you. Call the local taxi companies and ask about a damaged car. More than likely the driver said he got hit by someone who ran- unless it was a stolen taxi.


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