Parking Lot Accident Appeal

Summary

In Massachusetts, if both parties are deemed equally at fault in a parking lot accident, each handles their own damages due to comparative negligence rules. To appeal an insurance decision, request a written explanation, gather additional evidence, and contact your insurance company. You may also file a complaint with the Massachusetts Division of Insurance for further assistance.

Full Conversation

I backed out of my parking space, stopped the put the car in drive and a truck backed out of their space and backed into my rear/side bumper
Hi ****,
I'm sorry to hear about your accident. To better assist you, could you please clarify if there were any witnesses or surveillance cameras that might have captured the incident? This information could be helpful if you decide to file an insurance claim or report the accident.
I dont know
Thank you for the information, ****.
To provide you with accurate guidance, could you please let me know if there was any damage to your car or any injuries resulting from the accident?
No injuries. $* damage to my car, I submitted a claim to the other guys insurance. They denied my claim saying both me and their insured were *-* responsible
Thank you for the details, ****. In Massachusetts, if both parties are found equally at fault, each party typically handles their own damages.
- Massachusetts follows the comparative negligence rule.
- If both parties are *-* responsible, each pays for their own damages.
You might consider:
- Gathering any additional evidence.
- Discussing the case with your insurance company.

Is there anything else specific you'd like to know?
how to appeal this decision.
Hi ****,
To appeal the insurance company's decision, you can:
- Request a written explanation of the decision from the insurance company.
- Gather any additional evidence (photos, witness statements).
- Contact your insurance company for assistance.
- Consider filing a complaint with the Massachusetts Division of Insurance.
Would you like more information on any of these steps?