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Will this Auto accident case go to court? I live in MA

Chicopee, MA |

I was in a car accident where the other girl ran the red light and totaled my van. Two witnesses stopped and gave statements that the other girl ran a red light, so the cop cited her off of that. Now the other girls insurance is saying the witnesses changed their story and that I ran the red light. I did not run the red light and my insurance has not heard of this statement change from the witnesses and the police report has not changed. I stopped at the light, then proceeded when it turned green and she came out of nowhere. Do insurance companies really lie like this? I will be getting a lawyer, but will we take this to court? It seems like it would be easier to have the 2 witnesses, the cop and the other party all in one room rather than talking through the phone.

The police report states that two witnesses gave statements to the cop saying I had the right away and she ran the red light. I also have a personal injury claim and so do the other two people I had in the vehicle with me. I suffered burns and bruises on my legs, and my spine is messed up. How long do these cases usually take? Can I tell my lawwer I just would rather take this to court?

Attorney Answers 4


Your insurer is the go to place. Stop dealing with the others'
insurer. Ask to see the statements that were the original and those
that were changed. Insurer like anyone else make mistakes, err or

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That's horrible. It does happen. It's obviously not right. You need an aggressive personal injury attorney who has gone down this path before to push the case on your behalf. The more you call the other insurance company yourself the more they see that they can blow as much smoke as they want. Two answers:

(1) The intellectual approach: Don't take it from me, go to the book store or web book seller, get the book "Delay, Deny and Defend" and read it. This will explain what is happening to you.

(2) The active approach for expediting your case: Check out this article:

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Your personal injury attorney should answer all of your questions regarding your bodily injury claim.

If the police report documents statements made by witnesses that help your case, I doubt very much these witnesses will later give a completely different statement, especially under penalty of perjury. It's possible that the other driver claimed to have the green light to his/her insurance company and they are advancing that position even though not supported by the available evidence. With regard to their claim against you, your insurance company will hire an attorney to defend you against these claims.

Good luck.

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Your car insurance company will handle this for you. I assume that you reported this to your insurer and gave your insurer your statement. Based on your description of the accident, I believe that your insurer will deny any claim brought by the other driver. If the other driver files a lawsuit, your insurer will provide you with a lawyer paid by the insurer. Don't talk to the other driver's insurance company. Cooperate with your insurance company and let them handle it.

Information provided above is intended for general information only. The information presented above should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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