I was in an accident recently when my car hit the side of a car that was illegally parked too close to an intersection. My insurance agent thinks I will be found "at fault" and have to pay more for my insurance. Is that so, even if the other car was parked illegally?
-- Anonymous

The Board of Appeal on Motor Vehicle Liability Policies and Bond has promulgated a group of regulations to be used by insurers and the Board in determining whether an operator is more than 50% at fault for the purpose of applying the State's Safe Driver Insurance Plan, an adjustment of rates and premiums on the basis of at-fault accidents (211CMR 74:00).

The very first situation listed in the regulations states that a driver whose vehicle collides with a lawfully OR unlawfully parked vehicle shall be presumed to be more than 50% at fault. What that means is that, if you choose to appeal the determination that you were at fault in the accident, you will have to produce sufficient evidence to overcome that presumption. I would guess—given that the other car was not moving—overcoming the presumption will be a tough row to hoe.

For a complete list of situations in which drivers are presumed to be at fault, follow this link to the regulations: http://www.mass.gov/Eoca/docs/doi/Legal_Hearings/211_74.PDF.

(Submitted by the Editor)