Legal Question in Personal Injury in Massachusetts

I recently crashed into a pole on a snowy road that the condo association did not bother to plow, they sent an E-mail out to all the condo owners saying that the situation of fixing the pole was taken care of, Now the condo association has sent an e-mail that i now owe money again, is the condo association allowed to come back and want money again after stating that it was taken care of?


Asked on 4/23/10, 8:26 am

3 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Possibly. You need to read the condominium documents to answer this question.

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Answered on 4/28/10, 8:47 am
Gregory Casale Gregory Casale Attorney At Law

The association may be referring to the repair that they are billing you for. There is nothing about them sending an email saying that the situation has been repaired that would stop them from billing you for it. I would suggest that you challenge the bill on other grounds (i.e. that it was not your fault that you hit the pole, it was their fault as it was not plowed). You would have to argue that your car was in good condition such as good breaks, good tires, etc, and was driven properly, applied brakes appropriately and at the appropriate time, etc. The only reason for the collision was not your negligence but that the conditions were really the reason for the collision. I have successfully argued this for a one car colllision in which I denied fault, responsibility. Good luck.

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Answered on 4/28/10, 9:21 am

You might want to consider notifying your automobile insurer. If I am not mistaken it is compulsory in Massachusetts that a person must have insurance to drive, and have not less than $5,000 in property damage coverage. Most people have $100,000 in PD coverage. I think you are dreaming if you believe hearing somewhere that the pole was "taken care of" means it waived any right to obtain reimbursement for the expense of fixing it from you. Good luck. Regards, JBS

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Answered on 4/28/10, 1:49 pm


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