At fault crashes — Massachusetts Permit Test

Your insurance company decides you are more than 50 percent at fault for a crash, not a court.

The finding comes from the insurer applying its own list of standards. That is why it can land without anybody going to court.

You are more than 50 percent at fault for a crash if your insurance company

A crash only counts against you when the insurer has paid more than $1,000 for collision, limited collision, or damage to someone else's property.

A small claim does not reach the record. The thousand dollars is the line between a bill and a surchargeable event.

Has paid more than $1000 for collision, limited collision, or damage to someone else’s property or has paid more than $1000 for bodily injury (if there is no collision or damage to someone else’s property over $1000 from the same incident).

A rear-end collision is one of the Standards of Fault.

Hitting the car in front means the gap was too small, whatever the car in front did. It is the clearest of the nineteen.

Rear-end collision

Collision on the wrong side of the road is one of the Standards of Fault.

Being on the wrong side leaves no argument about who crossed the line. The insurer does not need to investigate further.

Collision on wrong side of road

Collision with a lawfully or an unlawfully parked vehicle is one of the Standards of Fault.

It applies even where the parked car was itself parked illegally. A stationary object is one you could have missed.

Collision with a lawfully or an unlawfully parked vehicle

Opened or opening vehicle doors are one of the Standards of Fault.

A door into traffic is the driver's doing, not the oncoming vehicle's. It is why the Dutch Reach is taught later in this manual.

Opened or opening vehicle door(s)

Failure to yield the right-of-way to emergency vehicles when required by law is one of the Standards of Fault.

It is on the list because the ambulance could not have avoided you. The duty to move was yours.

Failure to yield the right-of-way to emergency vehicles when required by law

All at-fault crashes you are charged with are listed on your driving record and count toward possible license suspension.

They add to the violations rather than sitting apart from them. Three of anything in two years starts the retraining clock.

At-fault crashes and motor vehicle violations count toward possible license suspension.

Who decides whether you are more than 50 percent at fault for a crash?

Your insurance company. The finding comes from the insurer applying its own list of standards. That is why it can land without anybody going to court. Massachusetts Driver's Manual, p.58: “You are more than 50 percent at fault for a crash if your insurance company”