how to claim damages in a car accident in ma when you don’t have liability and the other driver is at fault

UPDATED: Sep 30, 2022

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how to claim damages in a car accident in ma when you don’t have liability and the other driver is at fault

I was in a car accident, the other driver is at fault. I have the minimum insurance I need, but not liability. My agent closed the case because I am not at fault, and suggested that I claim for damages from the other driver who was also insured, to get my car fixed. How do I go about doing that?

Asked on April 7, 2016 under Accident Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) You can speak to the other driver's insurance: honestly relate what happened and the damages you suffered; provide a copy of a police report, if any, and documentation of your damages or losses, such as repair bills. They may offer you a settlement, or payment.
2) If the other side doesn't offer you compensation, or offers you less than you are willing to accept, you can sue the other driver (you sue the driver, not his/her insurer). If the amount you are suing for is equal to or less than the limit for your small claims court, suing in small claims, as your own attorney, is a good option. You can get get instructions and/or sample forms from the court, either in person or online. To win, you'll need to convince the court, based on credible testimony, police report(s), invoices/bills, etc. both that the other driver was at fault in causing the accident and the amount of your damage, costs, or loss.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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