Expert: Richard Hixenbaugh - 11/10/2010

Question
Last week I was in the right most lane at a red light and the driver in front of me put it's car in reverse to parallel park.  There wasn't enough room
for the car to fit into the spot unless I moved into the left lane.  To my left was a large Budget moving truck that had stopped a good deal ahead of
the stop line.  There was plenty of room for me to move into the left lane.  I put on my turn signal and pulled into the middle lane ahead of the
Budget truck.  When I was almost fully in the left lane, the light turned green and the budget truck pulled forward, hitting my car just over the
back left tire and the beginning of the bumper.  When we discussed the accident, the driver of the truck said that he couldn't see my car because
his cab was so far above the road.

My insurance company says that because it was an out of lane collision, I am more than 50% at fault and will face a surcharge if I use insurance to
repair the car.  I understand there are Standards of Fault in Mass, but this seems to be a shared fault.  Not being able to see other cars seems
unreasonable.

Please help me understand if I would have a chance at winning an appeal with the Merit Rating Board, or if the surcharge is unavoidable.  

Thank you!

Answer
Hi Gabriel,

I am not specifically familiar with the MA Surcharge Appeal process. However, based on your explanation of events I do not think you would win. It is not unreasonable that a driver of a large truct cannot see a smaller car that slipt in while he is stopped at a light. He did not manufacture the truck and does not have any control over this factor. Under the circumstances I think you would be found to be more than 50% at fault.

I hope this helps
Richard Hixenbaugh