Massachusetts requires drivers to carry personal injury protection (PIP) benefits to provide coverage in the event that the driver is involved in an accident. Understanding how these benefits play out in a claim and whether you are receiving the coverage that you deserve can be difficult to determine at times. Our diligent team of Boston car accident lawyers is ready to help you assert your rights following a car accident, which includes ensuring that insurance companies are playing by the rules.
In a recent case, the plaintiff was a medical services provider that filed a lawsuit to recover unpaid PIP benefits on behalf of a woman who was injured in a car accident and who obtained medical treatment from the plaintiff. The defendant asserted the affirmative defense of noncooperation in response to the complaint.
The matter proceeded to a trial and the jury returned a verdict in favor of the defendant. The plaintiff appealed on the basis that the judge committed a reversible error in denying its motion for a directed verdict. A motion for a directed verdict asks the court to conclude that no reasonable jury could reach a finding for the other party based on the evidence presented at trial. In evaluating this motion, the court must consider the facts in the light most favorable to the moving party.