H.1070 Update

DECEMBER 22, 2022

This session Representative Bill Driscoll Jr. (D-Milton) filed H.1070, An Act expanding automobile insurance coverage options to include the diminished value of automobiles. The purpose of this bill was to enable the state of Massachusetts to recognize damage and diminished value of an automobile. This recognition would require insurance companies to pay their customers the amount in damage caused by a negligent third party.

Recently, the Massachusetts Supreme Judicial Court (SJC) saw the case Jarrett McGilloway & another vs. Safety Insurance Company et al. and ruled in favor of the consumer. This ruling requires Massachusetts to recognize recoverable damage, meaning recovering any loss in value due to damage once the automobile is fully repaired.

As the SJC found this case in favor of the consumer, which was in agreement with the language of H.1070, the bill no longer needs to be taken up by the Legislature. Rep. Driscoll will not be refiling the bill for the upcoming session.

For more information on this case and what it means for automobile insurance coverage, read A Landmark Victory

For Massachusetts Consumers: The Supreme Judicial Court Provides Recovery For Loss In Vehicle Value To Car Accident Victims on massbar.org

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