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Broadside accident in MA

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meemeeofseven

Junior Member
What is the name of your state (only U.S. law)? MA accident/NH resident

I was involved in an accident where I was broadsided. I do not carry insurance as I am a NH resident and it is not required on older vehicles. The accident happened in MA.
The other driver contacted his insurance company and filed a claim. That company founf the driver at fault. Insurance adjuster considered my vehicle a total loss. And offered me $1700.00, gave me a rental car for 3 days. I am extremely upset that they can offer such a small amount to replace a vehicle that was perfectly fine. Now I have the extra aggravation of finding another auto. And what is out there for that amount is in poor condition and older than my vehicle. Also the 3 day rental does not give me time to find another auto. Can someone please advise how or what I should do before I accept their offer?
 


Zigner

Zigner

Senior Member, Non-Attorney
meemeeofseven said:
What is the name of your state (only U.S. law)? MA accident/NH resident

I was involved in an accident where I was broadsided. I do not carry insurance as I am a NH resident and it is not required on older vehicles. The accident happened in MA.
The other driver contacted his insurance company and filed a claim. That company founf the driver at fault. Insurance adjuster considered my vehicle a total loss. And offered me $1700.00, gave me a rental car for 3 days. I am extremely upset that they can offer such a small amount to replace a vehicle that was perfectly fine. Now I have the extra aggravation of finding another auto. And what is out there for that amount is in poor condition and older than my vehicle. Also the 3 day rental does not give me time to find another auto. Can someone please advise how or what I should do before I accept their offer?
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They're not going to continue paying for a rental while you take your time deciding. Once your car is declared a total loss, you only have a few days (apparently 3 in your case) that they will pay for the rental. If you request it, you *might* get a day or two more out of them.

As for your car, you are entitled to the actual value of your vehicle at the time of the loss. If you can show evidence that your vehicle was worth more, then by all means do so.
 
M

Mass_Shyster

Senior Member
meemeeofseven said:
What is the name of your state (only U.S. law)? MA accident/NH resident

I was involved in an accident where I was broadsided. I do not carry insurance as I am a NH resident and it is not required on older vehicles. The accident happened in MA.
The other driver contacted his insurance company and filed a claim. That company founf the driver at fault. Insurance adjuster considered my vehicle a total loss. And offered me $1700.00, gave me a rental car for 3 days. I am extremely upset that they can offer such a small amount to replace a vehicle that was perfectly fine. Now I have the extra aggravation of finding another auto. And what is out there for that amount is in poor condition and older than my vehicle. Also the 3 day rental does not give me time to find another auto. Can someone please advise how or what I should do before I accept their offer?
Click to expand...
See what you can find for a car the same make/model/mileage and condition as your car. Start with Kelly Blue Book, and look on cars.com for similar cars in your area. Gather up as much evidence as possible as to the actual value of your car.

Insurance companies make profits by paying out less in claims than they collect in premiums. The insurance companies tend to low-ball you whenever possible. They have a paid 'appraisal service' that will compute a value for your car. The trick is that this company advertises that they will reduce claims by producing lower values.

If they won't make a reasonable offer, sue the owner of the other vehicle in small claims court. There is no limit to small claims in MA for auto accidents. Be prepared with as much information as possible.
 
W

wrongsometimes

Member
meemeeofseven said:
What is the name of your state (only U.S. law)? MA accident/NH resident

I was involved in an accident where I was broadsided. I do not carry insurance as I am a NH resident and it is not required on older vehicles. The accident happened in MA.
The other driver contacted his insurance company and filed a claim. That company founf the driver at fault. Insurance adjuster considered my vehicle a total loss. And offered me $1700.00, gave me a rental car for 3 days. I am extremely upset that they can offer such a small amount to replace a vehicle that was perfectly fine. Now I have the extra aggravation of finding another auto. And what is out there for that amount is in poor condition and older than my vehicle. Also the 3 day rental does not give me time to find another auto. Can someone please advise how or what I should do before I accept their offer?
Click to expand...
Accept the insurance offer, present a counter offer , or sue (sm. claims) for the actual value of the car (you have to prove this -- kelly, edmunds etc)
 
R

racer72

Senior Member
I do not carry insurance as I am a NH resident and it is not required on older vehicles.
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You realize that if you are driving in any of the other 49 states, you are required to be insured?
 
M

meemeeofseven

Junior Member
I do not carry insurance as I am a NH resident and it is not required on older vehicl

Thank you all for your information. I will do some research.

As for insurance coverage. I was not at fault in this accident, so my insurance coverage is a moot point.

Thanks again!!
 
M

Mass_Shyster

Senior Member
meemeeofseven said:
Thank you all for your information. I will do some research.

As for insurance coverage. I was not at fault in this accident, so my insurance coverage is a moot point.

Thanks again!!
Click to expand...
You would have found yourself cited for driving an uninsured motor vehicle if the police had shown up and asked for your license and registration.

I ended up suing the driver of the other vehicle when his insurance offered me $1100 for my totaled van. I was awarded $3200. I also ended up hanging two doors and a fender on my van for $300 from some guy I found on Craigslist. The van is still bent, but it runs and drives.
 
D

davew128

Senior Member
racer72 said:
You realize that if you are driving in any of the other 49 states, you are required to be insured?
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Sorry, the commerce clause of the US Constitution would intercede here and unlike a federal mandate for health insurance being struck down, there is little doubt that the operation of automobiles from one state into others is CLEARLY interstate commerce not to mention the full faith and credit clause applying to a validly registered vehicle.

Even if that were not the case, for your claim to be correct, the minimum insurance standards of every state would have to be identical otherwise a vehicle with the minimum of one state would be illegal to drive through another which has a higher minimum. State-by-State Minimum Car Insurance Requirements
 
M

Mass_Shyster

Senior Member
davew128 said:
Sorry, the commerce clause of the US Constitution would intercede here and unlike a federal mandate for health insurance being struck down, there is little doubt that the operation of automobiles from one state into others is CLEARLY interstate commerce not to mention the full faith and credit clause applying to a validly registered vehicle.
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Actually, it would be the Dormant Commerce Clause that would apply here, and since the law (all motor vehicles operated on the highways of Mass must carry liability insurance) is facially neutral, the constitutionality of the law would be analysed using rational basis, not strict scrutiny.

As long as there is a good reason for the law (protecting the citizens of Massachusetts from uninsured drivers), the law will be found constitutional.

Now, if the law was facially discriminatory and stated that NH residents must carry higher insurance, that would invoke strict scrutiny. In that case, the burden would be on the government (Mass) to show that there is a compelling government interest, and that there are no less restrictive alternatives to achieve that interest.
 
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ecmst12

Senior Member
It depends on the state but in many cases, a state-minimum policy will have to bump their coverage up to whatever the minimum coverage is in the state where the accident occurred, if different then the state of the policy owner's residence.

And of course this has nothing to do with health insurance.
 
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davew128

Senior Member
Stevef said:
As long as there is a good reason for the law (protecting the citizens of Massachusetts from uninsured drivers), the law will be found constitutional.
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Actually the General Laws of the Commonwealth only address vehicles registered in Massachusetts or which spend a majority of their time at a Massachusetts location for work or school. They do not say all vehicles being driven on the roads in the commonwealth must carry Mass minimum insurance. ;)
 
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ecmst12

Senior Member
HOWEVER - whether it's required by law or not, driving without insurance is incredibly stupid, especially if you have anything in the way of assets to protect.
 
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davew128

Senior Member
ecmst12 said:
HOWEVER - whether it's required by law or not, driving without insurance is incredibly stupid, especially if you have anything in the way of assets to protect.
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Agree 100%. I don't have a loan on my car anymore and I still carry comprehensive and collision, which constitutes 2/3 of my auto premium because I live in SoCal where we have, shall we say, a large number of undocumented people without auto insurance who drive inebriated.
 
J

JustAPal00

Senior Member
davew128 said:
Sorry, the commerce clause of the US Constitution would intercede here and unlike a federal mandate for health insurance being struck down, there is little doubt that the operation of automobiles from one state into others is CLEARLY interstate commerce not to mention the full faith and credit clause applying to a validly registered vehicle.

Even if that were not the case, for your claim to be correct, the minimum insurance standards of every state would have to be identical otherwise a vehicle with the minimum of one state would be illegal to drive through another which has a higher minimum. State-by-State Minimum Car Insurance Requirements
Click to expand...
So I guess then that this should apply to gun laws as well. If my state permits me to carry, I can carry in your state.
 
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