rental car & collision insurance

[Carolyn43]

Hi,
I'm in Massachusetts.
I was stopped at a traffic light and my car was hit from behind and totaled. This guy's insurance company (it was a commercial van) agreed to pay for a rental car while they examined my car and made an "offer" but they say they are not required to pay the daily collision insurance that the rental agency requires. Ordinarily, I'm told my own collision insurance would transfer to the rental. I did not have collision insurance on my small, old car because I couldn't afford it. Now I am being stuck with $170 by the rental agency.
I called the Mass. Division of Insurance and they said "yup, they're not required to pay."
My question: Why should I be paying anything? I was stopped and minding my own business when this guy hit me at ~25 mph. I heard there were recent rulings that support my claim, maybe the man at the Division of Insurance didn't know about them? Do I have to sue to get this money back?
Any thoughts would be appreciated.
Carolyn

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Generally, there is something in the common law called res ipsa loquitor. It requires 3 elements: you were not negligent (you were stopped, so you pass this part); the other person was negligent (yup); it would not have happened but for negligence (yup).

Okay, THEY SHOULD COVER ALL COSTS. Now, to see if Massachusetts has some specific stuff:

Click on the state statutes link at the top of the freeadvice.com. Click on Massachusetts. Click on

GENERAL LAWS OF MASSACHUSETTS
PART I.
ADMINISTRATION OF THE GOVERNMENT.
TITLE XXII.
CORPORATIONS.Chapter 175 (read each section).

Hope this helps.