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....