Legal Question in Legal Ethics in Massachusetts
Car Accident
My car was parked on the street. A girl hit my car and another and my car is totalled. The police came and towed the girls car and wrote up a police report in where they also gave the girl a citation.
My car is totalled, I know that I owe more on my car then my insurance is willing to give me. What do I need to do to go after the girl who hit my car so I don't have to pay the remaining balance to my bank for a car that the girl totalled.
One more piece of information the girl that hit my car was driving a company car?
Thank you,
1 Answer from Attorneys
Re: Car Accident
Altough I am licensed to practice in Massachusetts, I have not handled an auto accident there in several years, so I'm not sure if the current no-fault provisions would apply to your situation. But even if they do, you should try to get the balance of your loan from the other driver, the employer or it's carrier, since, but for this collision, you would have had more time to finish paying off your loan.
In the absence of a no-fault statute, since your car was parked you could not be in any way liable for this collision. You would not have to rely on your own insurance to be compensated for the loss of your auto. You could make a claim against the insurance company for the other driver -- that information is probably contained in the police report.
Any insurance company is only obligated to pay the current market value of the auto. In this case, since it sounds like your loan is more than the current market value, you could make a claim against the other driver or her employer in an attempt to recoup the balance of your loan.
I would be happy to discuss this with you - my phone # is 401-885-7200.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
