Relative to personal injury protection, benefits due and payable
Impact
Should H1088 be enacted, it would directly influence how personal injury claims are processed within Massachusetts. By stipulating a timeline for insurers to settle claims without incurring additional legal costs, the legislation intends to expedite payments to individuals injured in accidents. Proponents assert that this will lead to quicker compensation for injured parties, thus improving their access to necessary medical care and financial support.
Summary
House Bill 1088 seeks to amend Chapter 90 of the Massachusetts General Laws regarding personal injury protection (PIP) benefits. Introduced by Representative Bruce J. Ayers, the bill specifies conditions under which insurers must pay benefits. It includes a provision stating that if an insurer tenders the amount due to the plaintiff within thirty days of service of the summons and complaint, the court will not assess attorney's fees or costs against the insurer. This aims to streamline the claims process and reduce litigation costs for both insurers and claimants.
Contention
This bill may encounter contention primarily around the fairness of the imposed timeline for insurers to respond to claims. Critics may argue that while the intent is to facilitate faster settlements, the requirement to avoid legal costs could pressure insurers into expedited payments without full assessment of the claims' validity. Additionally, concerns may arise about whether such a provision could lead to unwarranted claims being settled too quickly, without ensuring adequate consideration of the claimant's medical and legal circumstances.