Can I get the value of my car paid to me if I crashed into a wall due to a short stop on the highway?

I was in a car accident recently. The car in front me stopped short because someone cut him off. We were driving 40 mph and I was a car length away from him but my vehicle wouldn’t stop in time when I hit the breaks. I swerved a bit due to the rain and my car spun out and crashed into a wall. I don’t have collision insurance but have comprehensive insurance. Is there anyway I can get my expenses paid for or at least get the value of the car paid to me?

Asked on April 15, 2014 under Accident Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the police report says that you were at fault in the accident for following too closely and hitting the car in front of you or driving too fast for the rainy weather, you won't be able to recover compensation for the damage or loss of your car.

If the police report says that the driver who cut off the car in front of you was at fault in the accident, if that driver is apprehended, you could file a claim with that driver's insurance carrier.  If that driver either does not have insurance or is not located and is presumed to be uninsured, if you have uninsured motorist coverage, you could file an uninsured motorist claim through your insurance company for compensation for the damage or loss of your vehicle.  If your car is a total loss, you will only receive a fraction of its value.  Again, this is only applicable if the police report says that the driver who cut off the car in front of you is at fault in the accident.  If the police report says that you were at fault in the accident, you won't recover any compensation for the damage or loss of your vehicle.

 


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