How to sue an insurance company that voided the culprit’s policy?

UPDATED: Oct 1, 2022

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How to sue an insurance company that voided the culprit’s policy?

I was recently in a car accident that resulted in a broken collarbone and my car was totaled. The driver was responsible for the accident and fled the scene on foot left the car at scene and reported it

Asked on November 27, 2017 under Accident Law, Massachusetts


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

Answered 5 years ago | Contributor

You would have to sue the driver for negligence to recover compensation for your medical bills, pain and suffering and if applicable, wage loss.
Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.  Compensation for wage loss is straight reimbursement.  Compensation for your totaled vehicle would be the loss of your vehicle.
If the driver goes to jail, you probably won't recover anything in a lawsuit because it is unlikely that he owns a home.  If he doesn't go to jail, you could obtain a wage garnishment after obtaining a court judgment in your favor.

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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