In Massachusetts, in a car accident, how is the at-fault driver decided when an accident report isn't filed?
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In Massachusetts, in a car accident, how is the at-fault driver decided when an accident report isn't filed?
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Police officer filled out an information exchange form, but not an accident report. He didn't directly say either driver was at fault. Does that mean neither driver is at fault or what?(accident seemed like it could go either way, and there was minimal damage).
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wvparanormal
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Many states are NO FAULT states, if there is an accident and no vehicle needs towed and no person requires medical attention, the police officer is not required to do anything. Usually they will make sure information is exchanged and provide traffic control through the accident scene.
When it is turned over to the insurance company, it goes through arbitration within that company. In arbitration the insurance company decides if there is enough evidence to go to civil court or to just pay their clients damages or to try to go to arbitration with the other insurance company. Arbitration with the other insurance company means that both companies agree to an out of court settlement decided by an unbiased, third party. |
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chicagonlf
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if you have a court date, you shouild bring estimates of damage, and be prepared to tell a judge exactly what happened, pictures and drawings are great too. (Exhibits) While there were no tickets, i guess, you might still be liable for damge, if the other party has a better explanation. Let the judge decided it was minmal and will go away. If you have no court date, and no fine, still keep all the records from above for a few years, just in case the other party makes a claim. |
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sweet.caroline
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It can actually be a problem if the officer didn't put down who was at fault or give a citation. Usually they cite someone just so the insurance companies have down a "guilty" person.
At times, dependiing on the report and what it says, it might determine who is at fault. For instance if someone ran into the back of another person, the prerson who ran into the back of the person is at fault as you are to keep assured clear distance. If it had down that you turned on the green light and other person came through on red or had no light at all, then the other would be at fault even though a citation was not issued. But it sure clouds up the issue when the officer does not give a citation. |
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UCANTCME
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This will decided by insurance companies fighting it out and will likely be a 50/50 split since the police officer did not do his or her job correctly. |
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