Sueing

Asked over 1 year ago - Athol, MA

Auto acc. Other admitted fault was his. Insurance doesn't cover total cost can I sue him for the rest

Attorney answers (8)

  1. Henry Lebensbaum

    Contributor Level 20

    7

    Lawyers agree

    Answered . yes

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  2. David E Ledyard

    Contributor Level 12

    8

    Lawyers agree

    Answered . Yes if the statute of limitations has not run and you have not signed a full release to get at his insurance money. You should consult with a lawyer in your area.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Yes.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Joseph J. Ranone

    Contributor Level 9

    5

    Lawyers agree

    Answered . You should be seeking all of your damages from the driver that caused the accident. If that driver doesn't have enough insurance coverage then you may put a claim against your own underinsured motorist coverage if you have it.

  5. Terri D. Leary

    Contributor Level 15

    5

    Lawyers agree

    Answered . In Massachusetts, you are entitled to recover the full amount of your damages, but only if you haven't waived that right. When you settle with an insurance company of another driver's, they will have you indemnify and release their insured from having further liability for your loss. The same thing would protect your rights with your insurance company if you got into an accident that was your fault. It is not clear from your question whether you have already waived your rights or whether you are merely aware of the extent of the coverage. If you have released him through his insurance company, you will not be able to then sue him. If you are just preparing your claim and know that the loss exceeds the coverage, then you should get an attorney to file the claim so that you can protect your rights. The attorney can ascertain whether the other driver had other assets that could be used to satisfy the loss, to see whether it is worth filing a lawsuit. Seek out a free consultation with an attorney to see what your options are.

    Good luck.

    Providing users with information is not intended to create an attorney/client relationship. However, if in... more
  6. George A Malliaros

    Contributor Level 5

    5

    Lawyers agree

    Answered . You are entitled to the replacement value of the vehicke.Also known as fair market value . Your car might be worth more to you. You can sue in the Small Claim Court for property damage with no limit. However, if the Judge knows her stuff, you will only get fair market value, which you may have received.

  7. Neil Burns

    Contributor Level 7

    3

    Lawyers agree

    Answered . Yes - how much you get could vary though.

  8. Manuel Alzamora Juarez

    Contributor Level 20

    4

    Lawyers agree

    Answered . No. If insurance pays you. That is it!!! If you sign the release there is not another bite of the same apple. Sue him if you want to but cannot recover from insurance and from the defendant. Get local advice from a local PI lawyer before you sign any documents. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,928 answers this week

3,146 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,928 answers this week

3,146 attorneys answering