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Can I sue my insurance company for not paying for damages incurred in a car accident

Asked over 3 years ago - Brockton, MA

My mom was avoiding a car who suddenly stopped in front her and swerved off the road to avoid the car and hit a light pole.

Now her insurance says they won't pay for the damages to her car. Because she has limited collision.

Can she sue her insurance for not paying for the damages?

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Attorney answers (2)

Jessica Ann Foley

Reputation Level 13

Answered over 3 years ago. Criminal Defense Attorney in Weymouth, MA.

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It really depends on the terms of her coverage, but often if someone has minimum insurance and they are found at fault, insurance does not have to pay. She has an uphill battle trying to get the driver of the other car to pay for her damage.

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Bruce H Murray

Reputation Level 11

Answered over 3 years ago. Personal Injury Lawyer in Lexington, MA.

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Yes, under limited collision coverage your mother would have to be found lesss than 50% at fault. Just because the insurance company says she is more than 50%, she still has the right to have that determined by a judge or jury.

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