Legal Question in Civil Litigation in Massachusetts
Parking lot accident-Who is at fault
I was involved in an accident in a paking lot. I was backing out, when I was struck by another vehicle. I did not have insurance at the time, and am forced to face the insurance company alone. I understand that ordinarilly I would have the greater liability in this case, however I have witnesses to the fact their insured was speeding. They approx. 40+mph in a clearly posted 10mph parking lot. This becomes evident due to the fact that my vehicle was spun 180 degrees, and was totaled($2850) and his vehicle, a truck was undrivable at the scene. Total dammages add up to about $6000. I am now being sued for these dammages. Is there no law or ordinance to protect me in this instance? All attempts for me to resolve this with the insurance co. has failed, since they act only in their best interest. I am due in court on 2/23/99. any help is appriciated.
2 Answers from Attorneys
Re: Parking lot accident-Who is at fault
Your message does not say why you are to be in court on 2/23, but I would guess it is in response to a criminal complaint for operating a motor vehicle without insurance (Mass General Laws ch 90 section 34J. This carries a five hundred dollar fee (fine) and a 60 day loss of license (one year if you have an operating without insurance on your record in the last six years). Often times, the loss of insurance triggers the loss of registration. Driving an unregistered motor vehicle is a separate crime. If you left the plates on the motor vehicle, after the registry demanded their return, then you may be charged with "attaching plates", a separate crime. Once you do not have a registration, you cannot get the car inspected, and driving without a valid inspection sticker is a violation as well. Take a look at the complaint you received, and it will tell you what the penalty is for each count of the complaint. Depending on your record, and your probation status, you could be facing jail time. See an attorney ASAP. Who was at fault in the accident has absolutely nothing to do with these criminal charges, if that is what you are facing.
The payment of damages to both vehicles will be a matter that is separate from the criminal charges (if my guess was correct about your 2/23 court date). If this goes to court, the court will decide what happened, from the accident reports that were filed and from testimony (you filed an accident report, right??). The judge will see if any tickets were issued, and what they were for. Then the judge will decide who was at fault, or if the fault was shared, in what proportion each of you were at fault. The insurance company is betting that if you did not have insurance, you will not be able to hire an attorney to defend yourself, and they will be able to "run you over" in court, and win. Without an attorney to defend you, and if they send an attorney to court (insurance companies have attorneys on their staff who do just this kind of work), then they will win and you will lose.
If you are in Southeastern Massachusetts, look me up in the phone book and give me a call. Whatever you do, get an attorney -- you may not think you can afford one now, but if you do this without an attorney, you will appreciate why you cannot afford NOT to have an attorney.
This is not legal advice. Legal advice can only pass from an attorney to his client, and I am not retained, so you are not my client.
Thomas Workman
Law Offices of Thomas Workman
41 Harrison Street, Taunton, MA
Re: Parking lot accident-Who is at fault
Tom Workman's comments, which I just read, are all true.
If what you say about the accident is true, you ought to
hire a lawyer, will very likely lose if you don't have one,
and (based on your version of the story) ARE NOT the party
more at fault. (Being in the reverse gear doesn't automatically
mean you carry the fault; obviously the reality here is that
this other party was out of control.)
Were there any citations issued by police at the scene?
What are you going to court for?
What court? What city are you in and what city does the
other driver come from?
If you are in the Southeastern Mass. area, I suggest you
hire Tom. If you are closer to Boston, I may be able to help you
out, and if you are in Worcester County, I may be able to find someone
who can help you out. I could also extend a little to the North Shore
and North/Middle part of the state. If you are anywhere else, I hope you
can find a good lawyer on your own. You ought to have one.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
(617) 527-0050; feel free to call and more free to write
e-mail (but refresh my memory who you are either way).
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
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