Q: Hello , I was driving down a state street in Massachusetts and a street light fell onto my car and totaled it (windy)
My insurance company said it was totaled so I had to purchase a new car . I was not hurt but wondering if there’s anything I could sue for ?
A:
A Massachusetts attorney could best advise, but your post remains open for two weeks. As a general premise of insurance law, if a claimant is indemnified for a loss by the carrier, they aren't generally able to seek money for those very same damages elsewhere. But that is a simplified explanation of the doctrine, without the benefit of knowing the details of your situation. If your insurance carrier determines there was negligence that resulted in the toppling of the light, they might contemplate a claim against the entity responsible for maintaining it. You could consult with a Massachusetts attorney for a more meaningful, state law-specific discussion of the matter.
Tim Akpinar
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
