Legal Question in Personal Injury in Massachusetts

Do I have the right to sue? I was involved in an vehicle accident where I was not at fault. Someone who was talking on their cell phone rear ended me at a red light and in turn pushed me into the car in front of me. My car was declared a total loss. I only had this vehicle for 1 year and 8 months. I owe $18000 on the car and the insurance is only paying $11000. I do have gap coverage that will pay off the remaining balance but I'm left with no car and no money to buy a new one which will make me lose my job.


Asked on 4/03/10, 10:29 am

4 Answers from Attorneys

Christopher Earley Law Office of Christopher Earley

Hi:

I am sorry to hear about this. I would be happy to give you a free telephone consultation to discuss your rights. Important: Be careful about speaking with insurance adjusters who may be calling you, as they really are NOT looking out for your best interest.

Chris Earley

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Answered on 4/08/10, 10:41 am
Warren Wood Law Offices of Warren Wood

Yes you do have rights. Call this Office for a free consultation.

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Answered on 4/08/10, 10:44 am
Joseph Lamy Law Office of Joseph Lamy

You absolutely have the right to sue. I am unsure how there can be such a disparity between the amount owed and the amount being paid to you, but an experienced attorney can help you with this situation. I was formerly an insurance adjuster and I know a great deal about how insurance companies value property damage and I can assist you in obtaining a greater settlement for your property damage.

You are also entitled to sue for personal injury damages if you were hurt in this accident which seems quite likely considering the substantial amount of damage. Feel free to call me so that I can help you further with this matter. I maintain a satellite office in Boston if that is a more convenience meeting place for you.

Best of luck.

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Answered on 4/08/10, 10:44 am

By making a first party claim with your own insurer and accepting payment from that insurer you are assigning to that insurer your right to sue for damage it pays. If you have any additional damages, you can sue but what are you really going to get. When a car is totaled, the law does not pay you for loss of use. Good luck. Regards, JBS

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Answered on 4/09/10, 4:13 am


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