# So I'm being Sued



## matty4522 (May 26, 2008)

Good Afternoon Gentlemen,
I was traveling South East on Common Street in Braintree on Dec 8th. I was approaching the intersection where you can turn right on to Staten Rd and go South West. There were cars stacked up in the left turn only lane at Washington street. Two Cars stopped to let someone take a left who was heading North West on Common street, taking a right onto Staten Road. I passed the two cars on the right, not seeing the car taking a left and before I made it to the right turn only lane. He was moving fast as to get through the cars letting him go. I hit the brakes and turned left, thinking he'd make it by me and I'd be safe but I struck the back Quarter Panel of his vehicle. My insurance company found the other driver at fault, so now I get a summons to appear in court for a claim of $1700 dollars! 

So I ask your opinion on the accident. I passed the cars who were stacked up in the left hand only lane because I thought it was legal. Chapter 89 Section 2:

"The driver of a vehicle may, if the roadway is free from obstruction and of sufficient width for two or more lines of moving vehicles, overtake and pass upon the right of another vehicle when the vehicle overtaken is (a) making or about to make a left turn"

The Plaintiff states in his summons the town "Narrowed the intersection to prevent passing on the right" While this may be true, there was Sufficient space to pass on the right, and these cars were taking a left. He said I was going at an estimated speed of "35mph or higher" I was driving a 4 cylinder car and couldn't have gotten moving up the hill faster than 20. 

Does the fact that my insurance company didn't pay him and his insurance company didn't pursue myne mean anything? I hope so, I don't have $1700 dollars to pay this man.

Also, he already had the vehicle repaired. I thought you had to get an appraisal and bring it to court? If you'd like to help me with advice I have a drawing of a diagram I did on my computer I could send you if it would help?
Thank you very much.


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## fra444 (Nov 23, 2008)

The only thing that I can think of as far as the narrowing of the intersection goes is, did they paint a solid line. If they did you are no longer allowed to pass on the right because you would now have to cross a solid line, (89/4A).


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## Johnny Law (Aug 8, 2008)

If I understand this correctly, this guy was making a turn across traffic because some do gooder stopped to let him do so? That's his tough luck, he has to make sure the way is clear before proceeding across. That's why the insurance didn't pay him out, he was at fault.


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## Guest (Feb 18, 2009)

*IF* there are painted lane markings(2 lanes) allowing you to be there, he is definately at fault. He should have made sure it was safe to pass through both lanes to take the left, ultimately in front of you and the cars to your left.


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## justanotherparatrooper (Aug 27, 2006)

Tell him to get in line behind that dipshit from CMPSA


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## dcs2244 (Jan 29, 2004)

He's just trying to see if you'll pay w/o going to court...


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## Deuce (Sep 27, 2003)

Johnny Law said:


> If I understand this correctly, this guy was making a turn across traffic because some do gooder stopped to let him do so? That's his tough luck, he has to make sure the way is clear before proceeding across. That's why the insurance didn't pay him out, he was at fault.


What he said^^^^^


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## Big.G (Nov 28, 2006)

Don't sweat it. 89-2 (the law you cited) allows you to pass someone on the right if they are about to make a left turn whether there was a left turn only lane or not. Obviously there was sufficient width for 2 lines of traffic if you were able to pass them. So you're all set as far as that goes. If all else fails, you had the right-of-way and he didn't since he was making the left turn.

Read this. http://www.mass.gov/legis/laws/mgl/89-8.htm


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## ddp335 (Feb 6, 2009)

what everyone elses said. and prob to see if youll pay w/o going to court. but i think someone up here ^^^^^already said that too... sooooo really no reason for me to add my .02


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## Boston Man (May 6, 2008)

Does the car already in the intersection have the right of way?


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## Big.G (Nov 28, 2006)

Boston Man said:


> Does the car already in the intersection have the right of way?


Not necessarily. If you're going to make a left turn, in lay man's terms, everybody else has the right of way regardless if you were in the intersection first. Read the link in my last post.


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## Guest (Feb 19, 2009)

USMCMP5811 said:


> Hmmmm, I've driven numerous 4 cylinder vehicles that could get out of their own way and quite quickly zip up to almost triple digits........


but did they do BURNOUTS outside the bar at closing ?????????


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## Guest (Feb 19, 2009)

USMCMP5811 said:


> It's all in the ankle and delivery.


hahahahahahahaha


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## matty4522 (May 26, 2008)

Wow thank you for the multitude of replies. I am not sure of the solid line situation but as someone stated, there was obviously enough space for me to be there. I wasn't on the grass or anything. The car I was driving, a Hyundai Elantra, needs a fuel filter and does 0-60 in like 3 days, so it wasn't moving quick. I also never thought to mention he didn't see me!! How stupid of me.

He was a townie and happened to be a building inspector or some other title, and at the accident scene, he kept mentioning "well there is a do not block intersection sign" My reply was "I wasn't blocking it I was passing through it"

The only reason I am worried I'll loose and be out a shit ton of money, is that the Left turn only lane doesn't start until after the intersection. I mean, the cars I passed were obviously in it but I'm sure they would have done what I did and proceeded to the right turn only lane if they weren't taking a left. It is a very difficult set of intersections and tough to explain. Its irrelivant but he was rather arrogant and started to lecture me on driving acting like I was retarded or something. He said "Well if you weren't speeding this wouldn't have happened" Whatever, i'm not going to let it bother me.

I have another question, The back of my blue form says I can ask questions during his testimony, will I be able to stop him and ask or ask him after? Can this mediator make a judgment the case is BS or will a CM have to do it?

Last question, I searched the MGLs online and couldn't find anything saying that if you make a left you are responsible to yield to oncoming traffic. Only Chapter 90-14 has a line that I think refers to taking a left at a regular intersection.

Thanks for all the help gentlemen, *AND LADIES*


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## Big.G (Nov 28, 2006)

matty4522 said:


> Last question, I searched the MGLs online and couldn't find anything saying that if you make a left you are responsible to yield to oncoming traffic.


89-8

I have a link in one of my earlier posts...


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## Johnny Law (Aug 8, 2008)

Go to your insurance agent. If you have a good relationship with them, or they are nice to you get their "Standards of Fault". Basically this goes through many common accident scenarios, and places more than 51% blame on who does what in an accident. In your situation, the douche building inspector was more than 51% at fault, which is why the insurance company told him to pound sand. Now instead of accepting the fact that he fucked up, he is still trying to place the blame on someone (you) so his insurance won't go up.

So, in summary, even if the road is narrow there, *HE* is responsible for making sure the way is clear before proceeding into a travel lane. He didn't. What if there was a bicyclist there, or a pedestrian? Does he still want to say that the road is narrow there and they shouldn't have been there? Fuck him, he should have expected the unexpected and not taken some do-gooder's wave through as a signal that he could floor it to make his turn.


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## sgtsmithers (Oct 3, 2005)

Make sure you show up at the Hearing wearing a neck brace and using a cane, then ask the Plaintiff if he owns a home. ](*,)


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## matty4522 (May 26, 2008)

Well great news. I called my insurance agent today. I said "Hello, I need to get information on how a claim was settled" and gave her the info she said "Ok, you were not at fault" I said "well, he is trying to sue me in small claims court" she legitimately, laughed out loud. Then says "I'm looking at the details of your case and he took a....left, and you were passing on the right? Well, he didn't use caution so thats rough for him" 

Best part coming up, she is faxing me, a detailed description on both parties descriptions of the accident, a copy of their policies, and a copy of why they told him to piss off. Best thing they're sending me, a lawyer from their company! I'm actually excited to go now, I hope I don't get shit on if the CM is his pal or something.


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## kwflatbed (Dec 29, 2004)

My wife had something along the same line and my insurance company
did the same sending a lawyer,the case was thrown out of court.


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## matty4522 (May 26, 2008)

Listen to this bullshit. I get a call from Progressive today. They say they paid this dick head off!! Their legal department had a suspicion he might win so they decided to pay him $1000. Now, there is going to be an at fault accident on my license, which I must appeal to the registry. I'm going to get a surcharge which I must appeal to Progressive. Its all in their stupid "Driver Protection" Policy. Fuck. Douche Building inspector dropped his charges because he got what he wanted. Great, now I'm out more money with this surcharge and have to go to the dreaded registry.


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## justanotherparatrooper (Aug 27, 2006)

PROGRESSIVE SUCKS, I had them at one time because my wife had to file a SR22 with the state. She got in an accident and they cut her a check without opening the hood of the blazer ( they said it was policy incase the couldnt shut it again) I asked how do you know whats damaged then? never got an answer and it was a tedious process to get it repaired because not one body shop Ive dealt with would touch it unless I opaid upfront! I was told by 6 bobyshops that Progressive was too hard to deal with.


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## Johnny Law (Aug 8, 2008)

Say what you will about Mass. Insurance, I've stayed with Commerce Insurance for 20 years now. Never had a problem. When I got into an accident whilst on duty (not my fault), my attorney hit Commerce up for my lost detail and OT wages under some clause in my personal car insurance. They paid it no problem, me likey Commerce!


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## PearlOnyx (Jun 28, 2002)

Matty,

If you do go to court, unless measurements were taken at the scene, or the guy that is suing you is a certified RADAR/LIDAR operator who has a valid tracking history for visual speed estimates, his estimated speed claim is a bunch of crap. I don't think I've never seen a MA cop take measurements at a scene except for the MSP CARS guys, so without that information it is not possible for him to prove speed. 

I had issues with Progressive as well. They paid out a boat load of money for personal injury in one of my wife's crashes, when the other driver wasn't injured. Unfortunately, I didn't find out about it until a year or so later, so when I went to another company, I got dropped because of excessive liability pay outs. If they surcharged you or this is going to negatively effect your license, you need to do something about it. I deal with insurance companies constantly and their "accident investigators". These guys second guess the cops on the scene of the crash constantly without ever seing the scene or the cars at final rest. It's like investigating a murder from reading the report at your house and looking at pictures.


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## matty4522 (May 26, 2008)

Well, they are sending me a surcharge that she said I can appeal, and they are sending me the procedure for appealing to the registry to not have an at fault on my license. I hope I can just explain my story to the completely reasonable people at the RMV and remind them I was originally not at fault but, my insurance companies policies suck. I don't have to go to court now, but now that I'm not as frustrated, I suppose it is better than maybe loosing and paying this dick head $2000. 

MTC, the guys last name was Foley. My recollection of what he said was hazy. He was some inspector which I believe he said building for the town.


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## PearlOnyx (Jun 28, 2002)

Matty,

If I can offer you a bit of advice for testifying about a traffic crash at court, and again I'm not that familiar with the courtroom decorum in MA, but the best thing you can do in a traffic crash case is a professional looking diagram. Not a personal knock, but if you explain yourself the same way you did in court as you did in your initial explaination in this post, it may be a bit confusing. I am a traffic crash investigator basicaly full-time, and I had to re-read it a few times. A diagram if it looks professional and is accurate tells your story 10 times better than your verbal explaination of the incident.


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