Visitor Question

Question of liability in car accident inside an apartment complex?

Submitted By: Susan (East Weymouth, Massachusetts)

While pulling into an apartment complex, another driver had their right turn signal on, but then took a left and we collided. The police report sort of blames me, and my insurance company is saying I am responsible… unless I want to go & try to have the police officer change the report.

At the accident scene the other driver lied to police & said he was taking a left. But he had his right directional on and at the last minute pulled up to the entrance trying to turn left. I didn’t want to make a scene & and the police officer didn’t even look to see where the actual collision happened, as the vehicles had been moved. If they had checked they’d see that the other driver was in my lane.

My insurance company keeps calling to get medical info from me. I’ve been seeing my primary care doctor and have given the doctor the claim number, so I know they are billing my insurance. Do I have to speak to the claims representative?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Susan,

You are under no legal obligation to speak with your insurance company’s claims representative (adjuster), nor the other driver’s claims representative. However, it may in your best interest to speak with your insurance company. The adjuster is seeking information which will identify the facts at issue. Those facts may eventually inure to your benefit.

The State of Massachusetts is a no-fault insurance state. This means if you have been injured in a car accident you are required to turn to your own insurance company for your medical treatment and resulting bills.

Because Massachusetts is a no-fault state, you will not have to prove the other driver was negligent or at fault, or that the other driver otherwise caused the accident. That is what no-fault essentially means. However, there is a trade-off with no fault insurance…

While you would not have to prove fault, and your medical bills and related costs will be paid without argument, compensation for pain and suffering is not available.

No-fault insurance does not prohibit you from seeking compensation from the other driver for the damage to your car and any other property such as computers, cell phones, etc., which may have been damaged in the accident.

To read Massachusetts no-fault statute see:
Massachusetts General Laws, Section 34 M

Learn more here: Massachusetts Car Accident Guide

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim.

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