Legal Question in Personal Injury in Massachusetts

i disagree with a police report from a car accident last week and the other driver is not telling the truth. there were no witnesses. I have no money to pay for this adn it was NOT my fault. she hit me in the back of my car when i had the right of way and she failed to yield in her driveway. help.


Asked on 12/22/09, 9:40 pm

1 Answer from Attorneys

Roger Turgeon Turgeon & Associates

First, you don't mention any injury, so I presume there was none; that's a good thing. If there WAS an injury, you should talk to a lawyer. It costs you nothing, and when liability is disputed, going it alone is not a good idea.

As to the Police Report, you could try speaking with the police officer to explain your position and see if he/she changes the report, but frankly I've never seen that happen. Fortunately, if the officer wasn't an actual witness, what he/she wrote about how things happened is virtually irrelevant. First thing you need to do is to prepare and file with the local PD and the State Registry of Motor Vehicles your own "Operator's Report" setting out your statement of how this happened.

As to getting your car repaired, if you have Collicion Coverage, talk to your own insurer. Whether or not this is your fault does not prevent you fro collecting Collision Coverage, although your company will probably hold back your deductible. Then, if you convince your company that the other driver was at fault, they will go after the other driver's insurance company for reimbursement, and they will try to get back your deductible amount for you at the same time.

If you don't have Collision Coverage, you'll have to make your claim against the other driver, and through her, against her insurer. If they don't agree to pay, Small Claims Court is probably your best bet. Call your local District Court and they will walk you through the process, which is very simple.

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Answered on 12/28/09, 8:11 am


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