Legal Question in Personal Injury in Massachusetts

underage car renter

the driver that rear ended us on the motorcycle that we were on was 19 years old. we do not want to sign the release from the insurance company because we want to personally sue the rental company and the family of underage driver. the release states that no family member or close relationship can sue after signing release. does that mean i, his girlfriend on the bike, can not add him to my suit for loss of consortium. yes we have a lawyer but as you can see she is not doing a very good job.


Asked on 7/09/08, 6:13 pm

1 Answer from Attorneys

Re: underage car renter

You can only obtain one full and complete recovery for your damages. Suing additional parties does not necessarily mean you collect more money. Those other parties get a dollar-for-dollar set off for amounts paid by others, so if you're already fully compensated they can lose the case and pay you nothing.

If the amount offered by the insurance company is sufficient, accept it and release all parties. If not, then don't. You need to really understand whether you have a right to sue an underaged (19?) driver's parents. Where did you get that notion from? What is the legal responsibility of the rental company? Is this what someone told you at the corner bar? You really need to get some advice on this from a real live attorney and not one in cyberspace. If your attorney is not doing the job, you can speak up and try to get answers or exercise other options. I'm not certain he's not doing a good job for you. You may not be the easiest client to deal with, coming up with this stuff. Whomever told you that girlfriends have loss of consortium claims under MA law should really try to see if he or she can get a refund from the law school they attended. Good luck but you really need to understand how very little you know about all this. Respectfully, JBS

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Answered on 7/09/08, 6:49 pm


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