Legal Question in Insurance Law in Massachusetts

Auto Accident Compensation

My friend was recently involved in an accident in which he hit someone who pulled out in front of him on a rainy day without looking. My friend's car was destroyed and not worth fixing, and he didn't have collision insurance, so he signed it over to a garaged to have it junked. The other car was not damaged badly. My question: As the accident was clearly the fault of the other driver, is my friend able to receive any sort of compensation from the other man's insurance co. for the loss of his car? If so, how should he go about doing this?


Asked on 10/07/99, 9:19 am

1 Answer from Attorneys

Re: Auto Accident Compensation

Did he file an accident report, I hope?

Your friend can talk to his insurance agent to see if they'll

file on his behalf against the other guy's insurance company;

alternatively, he can file a claim with the other guy's

insurance company directly. Either one works. Often the other

guy's insurance company will contact your guy directly ... mostly

to collect evidence (his statement) that he wasn't hurt in the

accident, to help prevent him from later starting

to think he should

make some huge claim for personal injury.

(My opinion: don't even think about doing that!)

However, I disagree somewhat with your statement:

"the accident was clearly the fault of the other driver"

Anytime car A hits car B, it is almost by default the

fault of car A; car B was there first, even if you think

he should not have been. If car B was taking a left turn,

then the tables may be turned. Insurance companies have their

own quick rules of thumb in these days of no-fault insurance

in this state so that they can settle amongst themselves without

access to courts or even hearings, a process that I think they

call subrogation. Those rules of thumb might go against you.

Good luck!

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Answered on 10/07/99, 11:29 pm


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