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Massachusetts Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Massachusetts on
Q: My daughter rear ended a vehicle going 5 mph.The car she hit had a tow bar extended from the back of the car.liability??

Can u drive with a tow bar when not towing?legality issue?

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2023

A Massachusetts attorney could advise best, but your question remains open for five weeks. Until you are able to consult with a local attorney about specific vehicle & traffic law as to legality, your daughter or her attorney should still consider raising the issue of such a device being a... Read more »

1 Answer | Asked in Car Accidents and Intellectual Property for Massachusetts on
Q: Is it legal to have engineers completely remodel a car and make it look like a completely different car and drive it...

...on city streets? Like to get the exterior and interior of different car but the features of the old car? I just don't want to be doing anything illegal. Thanks!

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2022

A Massachusetts attorney could advise best, but your question remains open for a week. This is something that intellectual property attorneys would be most familiar with. There are high-end carmakers that vigorously pursue legal remedies against replicas of their six and seven-figure high-end cars... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Traffic Tickets and Car Accidents for Massachusetts on
Q: Canceled license plates are being used by someone else in another state.

I was in a car accident last year my insurance company considered my car totaled and I canceled the plates in April of last year before they took it. They had messed up when the tow company was coming so my plates were still in my car and I told the insurance guy I just needed an hour before... Read more »

Christopher Tolley
Christopher Tolley
answered on May 25, 2022

Unfortunately I suggest you obtain the services of a New York attorney experienced in this type of law because you are going to have to convince a judge that you are not responsible for the tickets based on your circumstances described above. You can also keep attempting to dispute the tickets... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: Is other vehicle's insurance responsible for car rental if they accepted fault for accident?

I am a full time ride-share driver hit by a car and their insurance accepted fault. How can I be compensated for lost wages and are they responsible for paying upfront for a rental while vehicle is being repaired?

David Tapalian
PREMIUM
David Tapalian
answered on Jan 2, 2022

Every situation is fact intensive and related to that particular circumstance. However, when an insurance company accepts fault for an accident, they should be providing a rental, if one is needed. This is particularly applicable if they are paying for the repair of the vehicle. The situation... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: While driving, I was hit by another car that didn't stop at stop sign. He was not insured. My car is totaled.

My car was towed to a storage facility and I don't know who has to pay for those fees, since his supposed insurance company, GEICO, says his insurance was expired or invalid (?). I had coverage for uninsured and underinsured drivers, but that only covers bodily injury. I'm filling a claim... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2021

A Massachusetts attorney could advise best, but your question remains open for two weeks. If you have to get rid of the car, you may want to consider taking photos. Your post does not mention injury, and I hope you were not injured. But if there were any injuries here and the matter needs to be... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: If someone doesn’t live With you and has an accident due to rain not with another car is it covered

So recently someone I consider my brother Who has lived with my mother for the last five years got into an accident in my car during a storm the car ended up in a ditch I have collision coverage on my insurance they called me yesterday and told me they are not going to cover the accident and now I... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2021

A Massachusetts attorney could advise best, but your question remains open for four weeks. You could review the policy closely to see what it is says about non-primary drivers. But as a general matter nationwide, carriers can deny coverage for users outside the policy holder's household. Good... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: A moving company truck hit some low hanging power lines that resulted in my electric service being torn off the house.

Who do I go after, Electric Co. or Moving Co. for reimbursement ?

Police officer told me wires are supposed to be high enough for all trucks. Moving company would only be liable if they hit the Utility pole directly, is this true?

What about driver negligence?

Aren’t... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2021

A Massachusetts attorney could advise best, but your question remains open for two weeks. These can be tough settings. Sometimes liability is apportioned between both sides, depending on the negligence doctrines followed in the jurisdiction. Good luck

Tim Akpinar

2 Answers | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: Is a deposition necessary when a party is accepting liability in a car accident?
James A.  Swartz
James A. Swartz
answered on Jun 10, 2021

Presumably, the nature and extent of your damages (injuries) remain contested. Therefore, at a minimum, counsel for the defendant will want to ask questions about your medical care, treatment, diagnosis, prognosis. Also, some details of how the incident occurred, and resulting vehicle damage,... Read more »

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1 Answer | Asked in Car Accidents and Social Security for Massachusetts on
Q: Can social security see that I cash a settlement check if I have no bank account of my own and just cash at issuing bank

got in a serious car accident cannot walk anymore and got a very small settlement...recieved check at same time got approved for disability and don't wanna lose it all ready check is all ready gone and spent

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 11, 2021

It's not worth the trouble that can come if you get caught. Sometimes the info gets to SSA in unexpected ways. When they find out, they can demand repayment of several years of benefits. If your benefits are need based, then you can spend the funds on specific things approved by SSA like some... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: i was in an accident on a highway i was getting off and the other car was getting on he failed to yield but he lied and

said i came from the center lane and hit him and the police gave me a ticket. unsafe lane change the fine was 20.00 i appealed the ticket and waiting for a date. is it worth it to fight the ticket and how can one defend against the lies.

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2020

A Massachusetts could answer your question best, but your post remains open for two weeks. It could be worth your time to fight the ticket. More than the $20 of the ticket could be at stake if the outcome is used as evidence of your fault if you are sued. Since the matter would be governed by... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: I have full coverage insurance my son was riding my car and had an accident can they deny my claim

He has a valid mass drivers license but not on policy because he’s goes to college out of state

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2020

A Massachusetts attorney could advise best, but your question remains open for two weeks. As a general principle nationwide, an insurance carrier could deny claims involving drivers not named in a policy. It could also depend on the insurance carrier, as some are more lenient than others on this... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
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 ?

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2020

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... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Massachusetts on
Q: Is it illegal to keep a license plate that isn't yours? My friend found one. (They aren't going to use it to drive.)

They found a license plate on the side of the road and they want to display it in their room. Again, my friend isn't going to drive with it, they just want to use it as a decoration. I'm in Massachusetts if that's any help. (02191 is my zip)

Dakota Martin
Dakota Martin
answered on May 15, 2020

Finder's keepers, loser's weepers. The law is clear from Missouri to Massachusetts, Texas to Tennessee,

No, your "friend" has no duty to turn it in.

1 Answer | Asked in Car Accidents for Massachusetts on
Q: I was in a car accident in WI and it was not my fault (truck driver was cited). My insurance and license is in MA.

I alerted my insurer, Geico, about the accident but filed claim with Secura, the insurer for the truck driver, because Geico said I would have to pay deductible if I filed with them. Secura has been dragging their feet on doing anything. They have not yet had the adjuster look at car and it has... Read more »

Michael O. Smith
Michael O. Smith
answered on Feb 18, 2020

It sounds like you need an experienced personal injury attorney to help you. It is unclear from your question on which state the accident occurred in. You will most likely be covered by the laws of the state where the accident occurred. I strongly suggest you speak with an experienced personal... Read more »

1 Answer | Asked in Car Accidents, Collections and Small Claims for Massachusetts on
Q: Received a "over-pay notice" for insurance check cashed

Good morning,

I was in a vehicle crash in July, 2019. I was not at fault so my damage was paid for by the person at fault. My insurance though sent me a check for damage as well, So i cashed it after they sent me a letter saying it does NOT have to be used for my vehicle. I am now receiving... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2019

It sounds like your insurance carrier, either in the course of its investigation or in an audit, discovered the double payment - both from themselves and from the other driver. Either on your own or through a Massachusetts attorney, you could ask the carrier if they would be willing to consider... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: I was in a car accident & now have osteonecrosis. I now realize it was from the accident what do I do?

I have sickle cell anemia but I had no complications until after the accident. The side of the impact is the side where my osteonecrosis ended up in my shoulder and knee. This left me in a ton of pain and now I have to change my way of life. I want to know what a good amount of money is to settle... Read more »

Michael O. Smith
Michael O. Smith
answered on Sep 29, 2019

There are a number of factors to consider when evaluating a motor vehicle injury claim. First, you will need to establish the operator of the second motor vehicle caused the accident and is 100% liable for the accident. You will also need to know the amount of insurance coverage there is... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: i was wondering if someone i know we’re to almost get hit by the car of a drunken, underage female with a motive to

vandalize property, and has the incidents on video, would the driver of the car face severe consequences?

Peter N. Munsing
Peter N. Munsing
answered on Jun 19, 2019

They could be charged if it could be proven by the police they were drunk at the time. If they were injured in avoiding a crash they would have a claim.

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for Massachusetts on
Q: Can an insurance company deny coverage if the driver was unauthorized?

My parked car was involved in a hit and run accident. I do not have collision coverage so my insurance won't cover the damages. The police witnessed the accident and was able to get the license plate. The woman whose car hit mine was not driving at the time, but her son was driving. Her... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 7, 2019

Unless her son stole it he would be authorized. Its baloney. Suggest you provide estimates for repair, file a complaint with the insurance commissioner. Depending on the nature of the denial you may have claims under

Sec. 93 A of the MGL.

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3 Answers | Asked in Car Accidents for Massachusetts on
Q: If my husband was driving on a suspended license, but got injured and wasn't at fault can he sue the other driver?
David Tapalian
PREMIUM
David Tapalian
answered on Dec 14, 2018

Yes he may be able to. It all depends upon the total facts. I am here now if you wish to speak.

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1 Answer | Asked in Car Accidents for Massachusetts on
Q: I had a car and sold it to a friend of a friend. However, I did not destroy the plates so this person was driving the

Car with unregistered plates and got into an accident that the insurance is now trying to have me pay out of pocket what do I do?

Peter N. Munsing
Peter N. Munsing
answered on Oct 8, 2018

As long as your friend agrees they had purchased the car, your car was not a registered but uninsured motor vehicle.

It's not clear who "the insurance" is--your friends? Yours? Another person or the Commonwealth's?

Start by asking them in writing to state the...
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