Legal Question in Insurance Law in Massachusetts
Rear Ended
I was recently in a multiple car accident. I was rear ended and then pushed into two other cars. The person who rear ended me, is at fault and was cited at the scene of the accident.
My car has been totaled, but I have a lien on my car. As this was not my fault, should the other person's insurance pay off my loan? I have been told this is the case by a person who was in a similar situation years ago, and by an actual lawyer. But I want to make sure. Otherwise I'll be paying for a car I no longer own.
3 Answers from Attorneys
Re: Rear Ended
Assuming that the driver was negligent in operating their automobile, you should be compensated in such a way that you are made whole (as if the accident had never occurred). The insurance company wants to pay you as little as possible, and you are well-advised to retain an attorney if you want them to take you seriously.
Re: Rear Ended
The facts seem to be in your favor. If you were hurt, you should get treatment and talk to an attorney. In the case, the other vehicle should pay for your property damage, but that is not always the case. Please feel free to contact this office if you need representation in this matter
Re: Rear Ended
No offense to anyone, but I think the other answers you got are incomplete. You are indeed entitled to be "made whole" by the responsible driver (or by his insurance company in his place), but this doesn't automatically mean they have to pay off your auto loan. Lots of people have auto loans on which they owe a lot more than their cars are worth. You are entitled to be paid what the ruined car was worth, even though in some cases that is not enough to pay off your loan. Theoretically, you should be able to take the insurance money and buy another car just like the one that was destroyed, and still owe the bank the same amount that you owed just before the crash. In practice, this doesn't happen, because most people use the opportunity to "trade up" to a newer car.
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