Legal Question in Personal Injury in Massachusetts

Re: Car Accident Injuries Car Total Loss

Hi-

You ask some good questions. If you would like, you can call my office on Monday and I can answer your questions on the telephone free of charge. I have a website which also will answer your questions. http://www.injurylawyerboston.com.

Two caveats: DO NOT speak to any insurance companies until you have spoken with a lawyer, and, make sure you seek your PT treatment as soon as possible.

Chris Earley

Re: Car Accident Injuries Car Total Loss

First things first: If you already have a lawyer in connection with this accident, you should be asking him/her these questions. You shouldn't have to resort to this forum. If he or she can't answer them, perhaps you need a new lawyer.

If you disagree with the responsible driver's insurance company's valuation of your car, you can file a claim against the other driver in Small Claims Court. It is very easy and inexpensive, and you don't even need a lawyer. Be prepared to prove to the court why your car was worth more than what the insurance company is offering--Blue Book figures, "for sale" ads in newspapers and "Want Ad" magazines, and the like, are the best evidence. Bottom line is that the other driver, and therefore his insurance company, owes you enough money to allow you to go out and buy a similar car with similar mileage and in similar condition, and still owe the same amount on your car loan.

Unfortunately, it is not unusual nowadays to learn that you still owe more on the car than it is worth. The insurance company does not have to pay off your loan, only the value of the car.

Feel free to call me if you would like to discuss in more detail.