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Massachusetts Car Accidents Questions & Answers
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... View 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... View 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...
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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... View More

Ali Shahrestani,
Ali Shahrestani,
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/... View 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,
Ali Shahrestani,
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,... View More

1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for Massachusetts on
Q: I was involved in a car accident with a person operating a commercial or his company truck.

I want to file in the Small Claims Court of MA. Who do I sue? Him the driver? His company (T-mobile), or the insurance company T-mobile or him uses and denied my claim (that I want to dispute via the court system)? Thank you.

Peter N. Munsing
Peter N. Munsing
answered on May 3, 2017

If you were hurt, contact a member of the Mass Academy of Trial Lawyers--they give free consults. If not, you sue the registered owner of the vehicle--note the name--it may be T mobile of new England, or something else. Or just sue the driver.

3 Answers | Asked in Contracts, Car Accidents, Consumer Law and Small Claims for Massachusetts on
Q: Is "property damage" a legal issue? A tow truck driver damaged my car.

A tow truck driver towed my car and damaged the front fenders, front bumper, and undercarriage when he tried to remove the equipment attached to my car. He and the owner of the company refused to pay for the repairs to my car, and I want to file a small claims suit against the company. I also have... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 30, 2017

Were you illegally parked? How did the damage specifically occur? You may be able to sue them in small claims court for objectively unreasonable damage to your car during the tow. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

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3 Answers | Asked in Criminal Law and Car Accidents for Massachusetts on
Q: I have two dui's in the mid west I served my time for and did what was required of me over 16 years ago now I live in MA

How do I now get my license

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

See: http://rmvlawyer.com/out-of-state-dui-suspensions-for-mass-residents.htm

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, awards, honors,...
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2 Answers | Asked in Traffic Tickets and Car Accidents for Massachusetts on
Q: Is it illegal to drive driving wearing socks and no shoes in massachusetts?

I want to drive in socks but do not want to break the law. Do I need to wear shoes, or is driving barefoot/ in socks okay?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 28, 2017

I know of no such law. 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, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

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2 Answers | Asked in Car Accidents and Landlord - Tenant for Massachusetts on
Q: can i ask my landlord to pay for damages to my car?

my landlord is responsible for snow removal at the apartment complex i live in, yesterday during a bad snow storm i slid into a tree because the maintenance man was in surgery so couldn't come plow the roads in the complex

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

It sounds like your landlord may be liable for failure to maintain the driveway. 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, awards, honors, testimonials,... View More

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3 Answers | Asked in Car Accidents and Products Liability for Massachusetts on
Q: What is product liability

I need advice on how to deal with the situation involving a motorist breaking through my fence and hitting my camper in my yard I need some advice

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

This sounds like a conversion and/or negligence suit rather than product liability. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More

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2 Answers | Asked in Traffic Tickets and Car Accidents for Massachusetts on
Q: Can I come out less than 50% at fault?

I was in the left lane of a two lane road. Up ahead in the right lane, a van was stopped and had the hazard blinkers on. The vehicle in front of me that was on the right lane saw the van ahead and put the left blinker on to merge into the left lane. I let the vehicle into the left lane. Before... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

It sounds like your follow-distance was not far away enough, and you might be found liable for the damage to the car you hit. If you hitting the car in front caused that car to then hit the woman crossing the street, that might add to your liability as well. The best first step is an Initial... View More

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2 Answers | Asked in Car Accidents for Massachusetts on
Q: This may sound strange. but can I appoint myself as co-counsel in my own personal injury lawsuit, If I have a lawyer?

My reason is, I don't feel I'm getting full disclosure from my attorney regarding settlement offers. Also I believe we have different objectives, Her objective being milk this for as much as it's worth and my objective to settle now and put this mess behind me.

Thanks in... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 31, 2016

Unlikely in an injury case his interest is as you suggest. Under standard contingent fee he is on a flat fee--the longer it takes, the less she gets per hour. Likewise, if she's on the hook for costs those continue until it's over. The lawyer on the other side is paid by the hour they... View More

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1 Answer | Asked in Car Accidents for Massachusetts on
Q: can the title holder be held liable if someone is driving their car but has their own insurance?

The title and loan for my daughter's car is in my name. She has her own insurance. If she were to get in an accident, would or could I in any way be held liable for any damages? Could someone sue and go after my assets?

Adam Studnicki
Adam Studnicki
answered on Nov 11, 2015

Best to consult with a local lawyer about the various potential scenarios that could occur.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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1 Answer | Asked in Car Accidents for Massachusetts on
Q: my car was hit by a hit & run driver. she is summoned to court. I'm without a car & stressed. Can I sue?
John M DeProspo
John M DeProspo
answered on Jul 4, 2015

If she has insurance make a claim against her insurance company. If she is uninsured and you have collision coverage on your policy, make a claim with your insurance company. If you were injured in the accident, contact a personal injury lawyer in your area.

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