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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33104
Experience:  16 yrs. of trial experience
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My grandson was involved in a mv accident in Massachusetts

Customer Question

My grandson was involved in a mv accident in Massachusetts where he was not at fault. The damage was to the driver side door. His insurance company states that the cost to repair exceeds the vehicles worth and has deemed the car totaled. They are offering 1600 dollars which is 3000 dollars less than what he paid for the car 8 months ago. What are his options and can he file a claim against the person who caused the accident.
Submitted: 9 months ago.
Category: Legal
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

He can...that is, he can sue the person who caused this accident. And, he can use small claims for this

Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court (the county where the seller lives) and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 9 months ago.
would he sue for his cost of the vehicle or damages only
Expert:  P. Simmons replied 9 months ago.

He has to "prove up" his damages...so he needs to present evidence to show his damages.

The cost to repair the car would be damages...so a quote from a repair shop on what it will cost to repair would be evidence to prove his damages.

Also, if he has to rent a car while his is being repaired, he could sue for that as well

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.