QUESTION
Friend totals a car that does not have comprehensive ins., owner in car at the time, police not called. Options for owner, still owe $18,000 on car.
Asked on May 01st, 2012 on Automobile Accidents - Massachusetts
More details to this question:
Friend driving over the speed limit into a turn and went off road totalling the Lincoln. Owner was in the car at the time and yelled to get the driver to to slow down. Police were not called at friends request, car towed, only liability insurance on the car. Outstanding loan on the totaled car for $18,000. The driver did have a car and insurance in his own name. Accident happened in CT, both parties live and are insured in MA. Are there any options for the owner? Would the driver''s insurance from his own car cover if he only has comprehensive insurance?
1 ANSWER
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In this situation I don't see how the insurance is going to help at all, that's why they have different levels insurance policies, if you pick the lowest level you do not get the benefits of having full insurance. I'm not even sure what type of loan your friend had, as most lenders force a party to have full insurance on a car that is alone for. It seems the only avenue your friend has left is to sue the driver.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on May 14th, 2012 at 5:07 PM