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My car insurance denies my claim from a rear-end accident.

Boston, MA |

Got rear-ended
Took my car to the repair shop, I and the repair shop noticed more mechanical damage to the car (differential and suspension ) , appraiser was notified of the accident but the repair shop didnt fix it because its a complex repair and needs a BMW specialist.
That being said , I take my car from the first repair shop and take it to another one that states the same thing that both problems are from a rear-end accident and repairs them for me .
insurance denies and does not pay the claim.
can I sue them in small claims court ? and how can I win the case ?
I tried department of insurance but they again refused to pay.
NOTE: on many occasions the insurance company ignored 1 of the 2 problems and used unfair practices in their respond to DOI and put words in my mouth

NOTE: they PAID for the body damage but not the mechanical problems NOTE: I was not injured

Attorney Answers 6

  1. You can sue your insurance company. When you are rear-ended, the other party is presumed at fault. Speak to an auto accident attorney. They will be in a better position to advise you of your rights and legal options.

    This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney

  2. If you were injured, consult with an experienced personal injury attorney who can help you with both problems.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

  3. Bottom line is have a local personal injury lawyer investigate if you were injured.

  4. If they refuse to cover repairs that you can document was caused by the accident, have an attorney send them a 176D demand letter.

    No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.

  5. You can sue them. The main issue will most likely come down to causation. The court will need to determine the cause of the additional damage. Obviously the insurance company will argue it was not related to the accident. It appears as though you have a body shop saying it is related. Therefore, you have an issue of fact which can be decided in a lawsuit. Of course, all states have differing laws and technicalities. So, it is always recommended to consult with an experienced local attorney to determine all of your rights.

  6. You should use the AVO "Find a Lawyer" tool bar and select an experienced attorney to assist you ASAP. You need an expert in your corner as the insurance company has a team of attorney's they use all the time. Start things out on the right foot.

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