In MA, making a left turn and got hit by a car passing the one in front on shoulder. Whose fault?

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This happened in Boston, MA. My daughter was waiting at the traffic light to make a left turn. The driver of the oncoming car going straight motioned to let her go first. While she was turning, a car from behind the oncoming car passed that car on the shoulder and hit the rear end of my daughter's car. The other driver told her insurance company she was simply going straight. My daughter called 911 at the scene, but police would not come. The car that yielded to my daughter drove off, so she has no witness. My daughter's insurance company said that since she could not prove that the other driver was on the shoulder and so it is 100% my daughter's fault. No one was hurt. Any advise?

Attorney Answers

4
Henry Lebensbaum ·
Get a layer. They may be cameras in the area. henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- [email protected] (978) 749-3606. Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.
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Kevin Coluccio ·
I agree you should get an attorney.
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Gary Kester 418841.Html ·
Get an attorney and.or be glad you have insurance and that nobody was hurt
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Stefano Dagostino ·
I agree with my colleagues. However, additional facts are needed to completely evaluate your property damage claim and determine liability. For example, some questions an attorney would ask are: Is there one or more travel lane? How wide was the street? Furthermore, it is unclear from your question if the "other driver" refers to the drive that yielded or struck your daughter's vehicle. If you have the contact information and/or license plate of the drive that hit you, you can file a claim with their insurance carrier as well. However, I suggest contacting an attorney to assist you with this as liability may be in dispute. I would also refer to Massachusetts General Law, Chapter 89, Section 2, which states in relevant part: "The driver of a vehicle may, if the roadway is free from obstruction and of sufficient width for two or more lines of moving vehicles, overtake and pass upon the right of another vehicle when the vehicle overtaken is (a) making or about to make a left turn, (b) upon a one-way street, or (c) upon any roadway on which traffic is restricted to one direction of movement." In sum, I highly suggest contacting an attorney to fully evaluate, and assist you in, your claim for damages.
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