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Massachusetts Car Accidents Questions & Answers
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 insurance... 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
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 basis for their...
Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for Massachusetts on
Q: In Massachusetts, do i have to be pressent if my insurance company wants to tow my totalled car from my driveway?
Christopher Tolley
Christopher Tolley answered on May 31, 2018

I know of no law requiring you to be present but your insurance policy may require it, or your insurance company may ask you to be present so they are sure they have the correct vehicle.

1 Answer | Asked in Car Accidents for Massachusetts on
Q: Reserved a uhaul online.My fiance picked it up, contract in my name.he hit parked car. Will safeplus insurance cover us?

They never asked about additional drivers and contract doesn't mention it. He was the one who picked it up so they knew hevwas a driver. I paid extra for the liability insurance. Just need to know if he is covered even though not listed anywhere on contract

Peter N. Munsing
Peter N. Munsing answered on Apr 16, 2018

Your position is he picked it up, probably gave his license, he is the person they allowed to drive, they cover. To cover all bases, you and he should notify your companies as secondarily liable.

1 Answer | Asked in Car Accidents for Massachusetts on
Q: Hit a car in a hotel parking lot. Told the front desk the owner contacted me I never gave them my insurance info

They live in Maine I live in Massachusetts I don't even think they have my full name. I told them I would pay out of pocket to fix

The damage to their car and their is no police report on file I really dont want to go through insurance my

Rate is high enough already. I was just... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2018

Are you going to pay, in full, now or are you going to make them file a complaint with the registry to get your license suspended? You can bite the bullet and pay the guy or get your insurance involved. Or you can lose you license. You seem to want it to go away. You hit the guy. Be a person!

1 Answer | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: Can filling out a PIP claim potentially get me in trouble?

I was recently in an accident which was my fault, and taken to the hospital after as a precaution. Since the accident occurred in a rental car my insurance turned it over to the rental company's insurance for medical expenses. They have asked me to fill out a PIP claim.

Prior to the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 5, 2018

No.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Massachusetts on
Q: I use my personal car to provide UBER rideshare. Can my insurance denie my claim for an accident while offline.
Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2018

Don't see why they should. You need to contact a member of the Mass Academy of Trial Lawyers, they give free consults. If it's property damage only, get an estimate, get a full statement of reasons for denial from your company, get a copy of your policy, consider complaining to the insurance commr.

1 Answer | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: I got into a car accident due to the the negligence of the apartment owners. The parking lot was an ice sheet.

I hurt my back, and I hit another car.

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2017

Assuming you were a tenant you also have a contractual claim. However, ice cases are trickier than you may think. Contact a member of the Mass Academy of Trial Lawyers(if the fall was in Mass)--they give free consults. If your claim was in Ct. give me a call and I can recommend some people. If you... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: I was in a cab on my way to work and the cab driver got into a accident with another car. I have minor injuries.

Do I have a case

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2017

Yes, Contact a member of the Mass Academy of Lawyers. They give free consults.

1 Answer | Asked in Car Accidents and Personal Injury for Massachusetts on
Q: Who pays our medical bills in this situation if we did not have insurance at the time of the accident?

My gf and I reside in MA and we're hit in NH. Other driver struck us from behind and pushed us into another truck. He admitted all fault. Our insurance company apparently cancelled our insurance without our knowledge about ten to fifteen days before. Now we cannot get proper medical attention... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 20, 2017

Apply for MA. Lobby to get ACA to cover people like you (sorry but I get a little tired of hearing people didnt have coverage but never wrote or phoned their legislators to get it for everyone--that's why it has to be everyone, so people like you in your situation get covered). So the problem you... Read more »

Q: Are you able to provide examples of cases related to faulty vehicle software? Ideally, open source software. Thank you!

Looking for examples of regulatory violations, recalls, class action, civil, or other cases related to software in vehicles. This could also include intellectual property cases associated with open source software. I'm keen to discover how much influence open source software has had, so far, given... Read more »

Griffin Klema
Griffin Klema answered on Sep 21, 2017

Google Scholar is a great resource for finding case law and scholarly articles that may give you the insight you are seeking. Otherwise find a local library (or law library) and seek assistance with at reference desk. A reference librarian can point you in the right direction to come up with... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: I swerved to avoid a collision with a car, but crashed into guardrail. Why is my insurance company saying I'm at fault?

I have a witness to the incident, who also took a photo of the other car. How can I be at fault? The insurance company is focusing on damage to the guardrail (I have no clue what damage there was - and how can THEY even guess at that?). Should I have just let the other car hit me and put more lives... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 19, 2017

You need a member of the Mass Academy of Trial Lawyers like Tim Lynch to straighten them out, get you some uninsured motorist coverage if you have it, as well as medpay. Tell him I told you to call. They're full of it (and likely violating MGLC93a).

1 Answer | Asked in Car Accidents for Massachusetts on
Q: What should I do if the operator that hit me is not insured and it is 100% their fault?

I was rear ended a few days ago. The operator of the vehicle who rear ended me is not the owner of the vehicle. Police came and are filing a report. She is found at fault due to me being stopped completely when she rear ended me. When Police run her license and Plate number, her insurance is still... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

First, maybe the owner has insurance. If you were hurt, why not contact a member of the Mass Academy of Trial Lawyers--they give free consults, and will help you through this.

If you have collision, yes you pay the deductible but they will go after the other person and their driver and get...
Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: Utility pole was pulled down on top of my car. Who is liable and what can I do about it?

Last week a cement truck sped down my quiet street. The truck was too tall and pulled down low hanging lines between the telephone and utility poles. When one of the poles was pulled down, it landed on the back end of my parked, empty car and was dragged over. My car is now totaled.

What... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 26, 2017

You may need to sue the truck company. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: Can I get my license back even with a civil lawsuit.

I got sued by the insurance company in 2009 from an accident that happened in 2005 for 5000. I did not have insurance at the time of. Is there anyway to get my license back, do I have to pay at least half, Or can I make payments? What are my options? I live in Lowell Massachussets.

Peter N. Munsing
Peter N. Munsing answered on Jun 24, 2017

Not sure that the suit was valid if it was years after a wreck; therefore the judgment not valid. You need to get a consult from a consumer lawyer about getting it reopened. The national consumer law center in boston may be able to give you the names of some counselors.

1 Answer | Asked in Car Accidents for Massachusetts on
Q: Crossing a road and hit by vehicle who was passing a car turning left on the right​. Who is at fault?

I was trying to go straight across major two lane road, a vehicle turning left was letting me go and I was struck by a vehicle passing them on the right. Who would be at fault? I know in Mass you can pass on the right if someone is turning left as long as there is room and no obstructions

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 1, 2017

Have a lawyer review the facts of this accident in careful detail to help you determine your rights and duties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... Read more »

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