Legal Question in Insurance Law in Massachusetts

No-fault Insurance at fault
I have been desiginated at more than 50% at fault because my car hit the rear of another. This happend in the high speed lane during rush hour in 30 mph trafic. I was the last car in a four car accident. The particular conditions made it impossible to avoid the accident. I am looking for some rulings or findings that I may use to argue that I was not over 50% at fault at an appeals insurance hearing.

thank you

Asked on 4/29/99, 2:21 pm

Stuart Williams

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Re: No-fault Insurance at fault

I'm sorry I cannot supply you with rulings or findings

as requested, but I want to give you my opinion: I don't see

that you can win. Theoretically you should always be going

slow enough to be able to stop if the car in front of you stops

(using their brakes) and that person certainly had no choice,

did s/he? If blame is to be assigned, perhaps it should be to the

first person in the line of stopped cars, but that person is not

known. So blame is to be assigned between you and the car you

hit, and you'll probably lose that argument.

Answered on 5/03/99, 4:29 pm

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