Skip to main content


Athol, MA |

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

+ Read More

Filed under: Lawsuits and disputes
Attorney answers 8


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.



Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.



Only 29% Contingency Fee! Phone: 215-510-6755


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.

Manuel Alzamora Juarez

Manuel Alzamora Juarez


Very comprehensive answer. I like it!!!


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. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


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 reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.


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.


Yes - how much you get could vary though.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer