Legal Question in Personal Injury in Massachusetts
Myboyfriend drove my car and was hit by an armored truck. The truck driver wouldn't take responsbility and the officer took his statement and not my boyfriends because his license was suspended. The truck driver's insurance co. is going based on what their driver says and won't take responsibilty either. There are 2 witneses wowere at the scene and they are willing to testify against the truck driver and I've informed the insurance co. and have heard nothing. What should I do? Wht steps should I take to ensure they take some responsibility and my car gets fixed?
3 Answers from Attorneys
You need to hire an attorney to represent you. Insurance companies are really good at delaying and avoiding responsibility unless and until they are forced.
The status of your boyfriend's license is irrelevant as to liability. It may reduce your boyfriend's credibility, but they cannot deny a claim based solely on his suspended license. You should speak to an attorney who can help you determine who in fact is at fault for this accident.
At this stage it appears that you will have to file a lawsuit since the insurance company is not willing to negotiate. If your boyfriend was injured you may be able to find an attorney who will take the case on a contingency basis (no fee unless successful), however, if you are only looking to sue for property damages, you will have to pay an attorney at an hourly rate.
Feel free to call our office for a free consultation and I will be happy to discuss the incident with you in detail.
If you are only talking about getting your car fixed, and you have insurance, you should try talking to your own insurance company--they pay for car repairs regardless of who was at fault for the crash, although there may be a deductible.
If dealing with the truck's insurer, and if your boyfriend was not working for you or running any errands for you, mention to the insurance adjuster that this is a "bailment" situation. Even if your boyfriend was "at fault", his fault cannot be imputed to you. You did nothing wrong. Technically, you have a choice of going after your boyfriend or the truch driver to pay for your car repair costs, and you simply choose to go after the truck driver.
If you can't afford to hire a lawyer, and none will take the case on a percentage fee basis, consider filing a claim in Small Claims court. The usual dollar limit in Small Claims court does not apply to claims for car repair costs.
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