"Raneman" > wrote in message
...
>_ Prof. Jonez _ wrote:
>>
>> McGyver wrote:
>> > "NadCixelsyd" > wrote in message
>> > ups.com...
>> >> Car AAA (me) enters an intersection while the light is green. Due to
>> >> congestion, I am unable to exit the intersection and I am stuck in
>> >> traffic when the light changes. All parties are at a complete stop
>> >> when the light changes. When car BBB (other guy) gets a green light,
>> >> he steps on the gas and hits the side of my car. At the scene, BBB
>> >> admits that he just didn't see me. My damage is over $850. BBB
>> >> suffers no damage.
>> >>
>> >> I put in a claim to BBB's insurance company. Insurance company BBB
>> >> says that it's totally my fault because I was blocking the
>> >> intersection.
>> >>
>> >> So who is at fault? I know I should not have entered the
>> >> intersection. If the law says I'm at fault, so be it. My theory is
>> >> that the other insurance company simply didn't want to pay. I do
>> >> not have collision insurance. My insurance company doesn't care
>> >> about fault as they do not have a loss. This is Massachusetts, if
>> >> that matters. Should I sue the other party or am I at fault?

Most state laws clearly state that in these situations, having entered the
intersection and the light changes, YOU still have the right of way. Other
vehicles may not enter the intersection until it is clearly safe to do so.
As he stated that he did not see you, it is clearly his negligence. As it
is his responsibility to ensure that the intersection is clear before he
entered it. IOW, he admitted fault.

Your recourse is to take the other party to small claims court. Fully
explain the situation and what was stated by the other party. Most likely,
the judge will rule in your favor. Before court, get a copy of the state
law regarding this manner and be sure to present it to the judge.

As a truck driver, I run into this situation all to frequently. Luckily, I
have never been struck by an overanxious driver. "I didn't see you". yeah
right bud. How could you not see that huge truck in front of you?