Legal Question in Insurance Law in Massachusetts

Rear-ended and injured!

I was at a complete stop, waiting to take a left turn, when the car behind me rear-ended me. We exchanged info and then I filed an accident report afterwards at the police station. No one driving by stopped as a witness. My insurance company is telling me that they are waiting for the other party to confirm what happened before ''determining liability''. So basically, I have to pay for a rental and /or may have to pay a deductable for something that was in no way my fault if they can't get a hold of the other driver! Also, I sustained a sprain in my neck, and a lumbar muscle extension in my lower back. As a result, I was sent home from work after half a day (I work with children, so obviously I can't do much when I can't pick things up or bend over!). In addition to getting an opinion on the auto collision, I'd also like to know if I should hire an attorney to try to sue. My insurance company is filing a personal injury claim, but if they do that doesn't that mean that I can't sue? Please help.


Asked on 10/06/08, 5:04 pm

2 Answers from Attorneys
Christopher Di Giacomo Di Giacomo & Gruss

Re: Rear-ended and injured!

Sounds like a lot of issues here. At first glance, with regards to the deductible and rental, it depends on your policy and carrier. Sometimes they will pay it up front and sometimes not. With regards to your injuries, I would contact an attorney immediately to preserve your rights. This type of situation is something we handle. Give us a call if you are thinking about it.

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Answered on 10/06/08, 5:14 pm
James Hall Qua, Hall, Harvey & Walsh

Re: Rear-ended and injured!

You should consult with an attorney about your claim for a rental car, your property damage, and your personal injuries. An attorney will be able to assess your position for a claim or lawsuit in regard to your injuries. Your insurance company acts in regard to its interests and not your interests.

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Answered on 10/06/08, 5:16 pm


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