Massachusetts Car Accident Legal Questions

Hello, You didn't state a question so I am not quite sure what information you are looking for.  It is not unusual for two insurance companies to take two different positions on an accident as they will usually take the word of their insured.  In this case, if you are both employees of the same company, you would NOT be able to make a claim against the other.  However, if that is not the case, you will need to do your best to prove your side of the case.  This is not easy, especially with no witnesses.  Essentially, it is your word against the other driver's.  Your insurance company should be going to bat for you in this instance.  ... Read Answer

I am sorry to hear that this has happened to you.  Yes, I would call the dealership and/or the manufacturer and start there.  Best of luck to you.  Sounds like there was a clear malfunction as that is certainly not supposed to happen.   Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com   www.joelhschwartz.com... Read Answer

You should discuss your options with the insurance company.  The insurance company is not obligated to fix your vehicle if they deem it a total loss.  However, you could ask them for the money (the total loss compensation) and they will give it to you minus the salvage value of the car (because you are keeping it).  It would then be your obligation to fix the vehicle on your own. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com   www.joelhschwartz.com  ... Read Answer

In this case you may be considered a household member, due to the fact you live in the same home as your girlfriend and even though you are not of blood relation or married. Although the definition of household member may be different from one insurance company to another, due to their varying underwriting practices, this will have bearing on your case. That being said we have handled such matters where the insurance companies have attempted to deny case is based on the fact and have succeeded in obtaining settlements for our clients. Simply because the insurance company tells you something, does not necessarily make it a legal truth. As we all know insurance companies first response to most claims is deny, deny and deny. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://fallrivermassachusettspersonalinjurylawyer.com/ #caraccident, #lawyer, #attorney, #settlement, #personalinjury, #personal, #injury, #slipandfall, #accident, #chiropractor ... Read Answer

If you were hit from behind, I assume the other person is at fault.  You or your mother's insurance does not matter.  The guy changed his mind probably after he saw the repair bill.  He is still responsible for the damages you sustained (again assuming he is at fault for the accident).... Read Answer

The best advice I can give you is what you already know.  Your appeal letter should state the facts of what happened.  You would be responsible for any REAL damage that occurred because it was a rearender.  However, at the time of the accident, you and the other driver inspected the vehicles and there was no damage.  In fact, the other driver did not find it even necessary to exchange paperwork.  Just explain everything that happened.  Good luck. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com  ... Read Answer

Hello. You can file a claim under your own insurance if you have uninsured motorist insurance.  You state you have no UMI, but that is very unusual with an auto insurance policy.  If you truly do not have uninsured motorist coverage, you may sue him for damages.  An uninsured motorist, in my experience, will most likely have very few assets and your recovery will be limited. Please contact me to discuss further. John Pomykato johnc@pomykatolaw.com Pomykato & Pomykato Pomykatolaw.com (617) 423-0001... Read Answer

My guess is you would have a very hard time making a successful claim.  Towns do the best they can with the budgets they have.  At all times, you are responsible for your own driving and must drive properly according to the conditions of the road you are on.  Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read Answer

I wouldn't be concerned about it unless an insurance company calls you stating that the pedestrain is trying to make a claim against your boyfriend.  If that is the case, then you will want to tell the insurance company everything to show that the girl was truly the one at fault for the incident. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read Answer

Based on what the police officer stated to you, I think it makes sense to appeal the decision finding you at fault.  You will want to bring with you to the hearing any and all evidence to help your case.  This would include photos of the intersection or video which I think will be crucial to your success.  Good luck. Steven A. Schwartz Attorney/Partner JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read Answer

I am not sure what your question is, but you may certainly have a claim here for property damage and or pain and suffering.  Contact an experienced car accident attorney for a free consultation. Steven A. Schwartz Attorney/Partner JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com  ... Read Answer

The MA insurance policy is very clear.  the insurance company is accurate when they say they are only responsible for the book or market value of your car.  I would suggest looking at a number of value books like kbb.com or nada.com to find the highest price you can.  In addition, you can go to local dealerships and see if you can get an estimate from them as to how much your 09 Honda is worth.  They may be willing to increase the numbers if you show them a willingness to buy a new car from them.  Good luck. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170  ... Read Answer

You most likely would not be suing the insurance company. You would be suing the party responsible for your accident (driver and/or owner). A settlement, judgment, or award does not typically include lawyer fees. I would suggest you seek a free consultation with an experienced personal injury attorney. The attorney should be able to give you advice on the best way to proceed and whether filing litigation makes sense.... Read Answer

Unfortunately, the at fault party's insurance is only responsible for fixing your vehicle.  The MA auto policy does not speak of any responsibility for "diminished value."  They owe you nothing else.  In the laws eyes, you have been made whole.  I know it is not fair, but this is the law. Steven A. Schwartz     JOEL H. SCHWARTZ, P.C.   Boston, MA  02108 (617) 742-1170     sas@joelhschwartz.com www.joelhschwartz.com  ... Read Answer

I think you already gave your best answer.  You were not speeding and the officer was not present to witness the event.  There are no skidmarks for the officer to measure, so the officer is assuming you were going to fast for the snowy/icy conditions.  The more you can say about you driving carefully and cautiously the better.  Just go into court and tell the truth. Steven A. Schwartz   JOEL H. SCHWARTZ, P.C.   Boston, MA  02108 (617) 742-1170     sas@joelhschwartz.com www.joelhschwartz.com    ... Read Answer

I am assuming you are the owner of the car you were driving.  As you probably know, it is the law in Massachusetts to have insurance.  It is illegal to drive without it.  Assuming there was property damage to the other vehicle, the other owner would normally make a claim with your insurance company for payment.  Because you have no insurance, the claim will be made personally against you.  As for whether you will be in trouble criminally for driving without insurance, that is hard to say.  If the police did not cite you for it, you may be okay.  However, the other insurance company can report this information to the registry, which in turn could report this to the police.  I think you will have to wait and see.  In the meantime, I strongly advise you get insurance immediately for future incidents.... Read Answer

Unfortunately, when it comes to property damage from a car accident, the insurance company is obligated only to pay for repairs and/or the book value of the car if it was totalled.  Your reasoning is rational.  However, their obligation ends if the car is repaired properly.  Sorry to be the bearer of bad news. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read Answer