How do I provide the company with the correct details of the accident, when it is a he said /she said issue.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 4, 2011

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Insurance Question from Framingham, MA

Asked on 11/04/2011

How do I provide the company with the correct details of the accident, when it is a he said /she said issue. Accident at intersection with traffic light.Son approaching intersection light was red, slowed preparing to stop. About 200 ft before the stop line the light turned green for my son.Woman coming from my son's right, on cell phone collided with the front of my sons car.She was coming from a medical/hospital area.She basically drove across the entire front of his car.Her damage is only at her drivers side headlight.My son's entire front end was sheared offShe is stating she had a green light. Insurance company said stories conflict, no liability assigned yet. I have no cNo witnesse

Answer given on November 07, 2011

I take it there were no witnesses to this accident? Where there other cars stopped at her red light that could have seen the accident? No one stopped to assist your son and could possible vouch for the fact that his light was green? Alot of times, people no longer wish to get involved. 

Also, the state of MA is a no fault state.  This means your insurance makes the payments for any injuries you sustain in an accident, up to a certain point.

It is clear that both lights probably were not green.  If they are unable to prove liability from talking to witnesses and the drivers, and looking at the location of the damage to each car, each carrier will pay for their own car’s damage.    

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