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