Auto Insurance Claims: Appealing a surchage in MA., fender bender, bike lane

Question

Accident site Hello,

We recently received a surcharge notice and wish to appeal it. My wife got into a fender bender with another vehicle. She was pulling out, on a one way street, and a car that was traveling in the bike lane hit her. My wife's vehicle was inside the parking lane and was stationary. The two vehicles came into contact with one another just inside the parking lane. Is this sufficient grounds for an appeal? If so, what might I explain in my appeal?

Thank you,
A


Answer
Unfortunately I think you will probably lose the appeal.  The issue is whether or not your wife was negligent.  It sounds as though she failed to yield the right of way to the vehicle on the main road.

Even if the other driver was also negligent for traveling in the bike lane, this does not negate her negligence for failure to yield right of way.

If you choose to go ahead with the appeal, you should stress that she was in the bike lane and stopped when hit by a vehicle that was traveling in the wrong lane.  Good luck!