eriecn
My husband was in a motorcycle accident recently. Thank God he is okay with no major injuries. The insurance company is saying he is 100% at fault because he was the only one involved and this is not true. How do I establish this with my appeal? He was proceeding through a traffic intersection and hit a pot hole from recent road construction. This punctured his back wheel which fell off the rim and the bike flipped over him. Is he at fault??
Thank you everyone for the great advice. I really appreciate the links and break down of at fault language. It is hard to find on your own. We have a witness who took photos at the time of the accident. I have mailed in the surcharge appeal and am trying to prepare for it. Keep the advice coming, we could use it. Surcharges stay on your record for I think 6 years.
Answer
Massachusetts has what they call "standards of fault". Basically, when someone meets the criteria of one of these standards of fault they are presumed to be greater than 50% at fault. Which means a surcharge and a deductible.
Here are the "standards"
CodeStandard
01Collision with a Lawfully or Unlawfully Parked Vehicle
03Rear End Collision
05Out of Lane Collision
07Failure to Signal
08Failure to Proceed with Due Caution from a Traffic Control Signal or Sign
09Collision on Wrong Side of Road
10Operating in the Wrong Direction
11Collision at an Uncontrolled Intersection
14Collision While in the Process of Backing Up
15Collision While Making a Left Turn or U-Turn Across the Travel Path of a Vehicle Traveling in the Same or Opposite Direction
17Leaving or Exiting from a Parked Position, Parking Lot, Alley or Driveway
18Opened or Opening Vehicle Door(s)
19Single Vehicle Collision
20Failure to Obey the Rules and Regulations for Driving
21Unattended Vehicle Collision
26Collision While Merging onto a Highway, or into a Rotary
27Non-Contact Operator Causing Collision
29Failure to Yield the Right of Way to Emergency Vehicles when Required by Law
31Collision at a "T" Intersection
So this one falls under #19. Basically you have to prove that there is negligence involved on the road crew. In other words, the state says you should be in control of your vehicle at all times and be able to avoid things that cause single vehicle collisions (wet roads, pot holes, guardrails, etc)
If this was during the day you'll have to prove that the pothole was not visible to your husband and there were/are no signs there. If it was at nighttime you have a better shot if you can show that the hole was not properly marked.
The insurance company will likely not give you any leeway here. They see it as an open and shut case unfortunately.
Did he get a ticket? Is the insurance company planning to surcharge him? If so, wait for the surcharge notice then appeal it. You will not get the insurance company to reverse their decision on a single vehicle collision. Save yourself the stress and wait for the surcharge notice. If he doesn't have medical payments coverage on the policy he would likely be covered under your health insurance plan (check with your health insurer). If you are trying to get the deductible paid you'll have to do one of 2 things:
1. Wait until the surcharge comes in, appeal it, and go back to your insurer to reverse their decision then they will should give you your deductible and pursue (also know as subrogate) the state.
2. Go after the road crew/state immediately.
I recommend #1, your costs of #2 will likely outweigh the amount of the deductible AND you'll be appealing the surcharge anyway.
You do not need to hire a lawyer right now, but I would get pictures of the location now!
If you have any other questions email me at via my site, I'll be happy to help in any way I can. Good luck!
Eric
Massachusetts has what they call "standards of fault". Basically, when someone meets the criteria of one of these standards of fault they are presumed to be greater than 50% at fault. Which means a surcharge and a deductible.
Here are the "standards"
CodeStandard
01Collision with a Lawfully or Unlawfully Parked Vehicle
03Rear End Collision
05Out of Lane Collision
07Failure to Signal
08Failure to Proceed with Due Caution from a Traffic Control Signal or Sign
09Collision on Wrong Side of Road
10Operating in the Wrong Direction
11Collision at an Uncontrolled Intersection
14Collision While in the Process of Backing Up
15Collision While Making a Left Turn or U-Turn Across the Travel Path of a Vehicle Traveling in the Same or Opposite Direction
17Leaving or Exiting from a Parked Position, Parking Lot, Alley or Driveway
18Opened or Opening Vehicle Door(s)
19Single Vehicle Collision
20Failure to Obey the Rules and Regulations for Driving
21Unattended Vehicle Collision
26Collision While Merging onto a Highway, or into a Rotary
27Non-Contact Operator Causing Collision
29Failure to Yield the Right of Way to Emergency Vehicles when Required by Law
31Collision at a "T" Intersection
So this one falls under #19. Basically you have to prove that there is negligence involved on the road crew. In other words, the state says you should be in control of your vehicle at all times and be able to avoid things that cause single vehicle collisions (wet roads, pot holes, guardrails, etc)
If this was during the day you'll have to prove that the pothole was not visible to your husband and there were/are no signs there. If it was at nighttime you have a better shot if you can show that the hole was not properly marked.
The insurance company will likely not give you any leeway here. They see it as an open and shut case unfortunately.
Did he get a ticket? Is the insurance company planning to surcharge him? If so, wait for the surcharge notice then appeal it. You will not get the insurance company to reverse their decision on a single vehicle collision. Save yourself the stress and wait for the surcharge notice. If he doesn't have medical payments coverage on the policy he would likely be covered under your health insurance plan (check with your health insurer). If you are trying to get the deductible paid you'll have to do one of 2 things:
1. Wait until the surcharge comes in, appeal it, and go back to your insurer to reverse their decision then they will should give you your deductible and pursue (also know as subrogate) the state.
2. Go after the road crew/state immediately.
I recommend #1, your costs of #2 will likely outweigh the amount of the deductible AND you'll be appealing the surcharge anyway.
You do not need to hire a lawyer right now, but I would get pictures of the location now!
If you have any other questions email me at via my site, I'll be happy to help in any way I can. Good luck!
Eric
I have a 29cc goped sport scooter, can i use it in the bicycle lane in massachusetts. i am going to be...?
Joey N
commuting to Boston University medical center from somerville and wanted to see if it was legal in the state I can't really find it on the governments websites. help ;)
Answer
Your 29cc Goped is defined as a "motorized scooter."
http://www.mass.gov/legis/laws/mgl/90-1.htm
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"Motorized scooter'', any 2 wheeled tandem or 3 wheeled device, that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion. The definition of "motorized scooter'' shall not include a motorcycle or motorized bicycle or a 3 wheeled motorized wheelchair.
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http://www.mass.gov/legis/laws/mgl/90-1e.htm
... Needs a driver's license, brake and turn signals
http://www.mass.gov/legis/laws/mgl/90c-1.htm
... counts as a motor vehicle, which means vehicles can have tickets and may not drive on foot paths or on non-motorized bicycles.
I can find where a motorized bicycles is allowed on a bike lane, but don't see that your scooter is allowed on a bicycle lane.
Your 29cc Goped is defined as a "motorized scooter."
http://www.mass.gov/legis/laws/mgl/90-1.htm
-----
"Motorized scooter'', any 2 wheeled tandem or 3 wheeled device, that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion. The definition of "motorized scooter'' shall not include a motorcycle or motorized bicycle or a 3 wheeled motorized wheelchair.
-----
http://www.mass.gov/legis/laws/mgl/90-1e.htm
... Needs a driver's license, brake and turn signals
http://www.mass.gov/legis/laws/mgl/90c-1.htm
... counts as a motor vehicle, which means vehicles can have tickets and may not drive on foot paths or on non-motorized bicycles.
I can find where a motorized bicycles is allowed on a bike lane, but don't see that your scooter is allowed on a bicycle lane.
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