What can I do if I was found not at-fault for an accident but didn’t get the full value of my claim?

UPDATED: Dec 18, 2013

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What can I do if I was found not at-fault for an accident but didn’t get the full value of my claim?

Last year I was traveling east bound at posted speed 40 mph. At an intersection a truck pulling a large trailer turned left abruptly in front of me causing me to apply my brakes and turn left to avoid a collision. This caused me to skid 180 degrees into a utility pole. I did not make contact with the left turning truck or trailer. I was alleged of speeding which I was found not responsible this month. The insurance company stated I was 100% at fault but did pay 50% of my truck value for $4000, about $3800 property damage and my medical bills about $900. Since I was found not responsible, I now am wanting to recover the other 50% of my truck value of $4000, $315 towing bill, also $420 loss of usage. Small claims?

Asked on December 18, 2013 under Accident Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Small claims is a good choice, since it is faster than other courts and you can represent yourself pro se (as your own attorney), saving legal fees. You could potentiall sue the driver who cut you off; the trucking company (if separate from the driver); and in some circumstances, your insurer, for not fully honoring their obligations. They key issues as to who you could sue will be the terms of any settlements or releases you signed; and also the location of the different parties, since small claims has a limited geographic reach--check with your local court to see what county(ies) it covers and how that relates to the other parties; also review any agreements or documents you signed.

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