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

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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

Answers:

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

Answered 3 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.


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