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Brian P. Harris
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Brian Harris’s Answers

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  • Who is at fault here? How Do I dispute this?

    I stopped at the end of a side street waiting to pull out and make a left hand turn onto a main street. The driver coming from the left stopped to let me pull out. I pulled my car out and stopped to look to my right to make sure there was no onco...

    Brian’s Answer

    The other driver's insurance carrier is not the final arbiter of fault in this matter. You are claiming personal injuries as a result of this accident and here in Massachusetts a jury will decide who was at fault and/or the apportionment of fault in this matter. So long as the jury does not find you more than 50% at fault, you will be entitled to compensation for any injuries which are causally related to this accident, then reduced by any comparative fault/negligence attributable to you.
    The vast majority of auto accident lawsuits settle prior to trial and you may be able to convince the other driver's carrier to submit this matter to binding arbitration- a quicker and many times more painless way to resolve this type of dispute.

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