Hit By An Unlit, Illegal Dirt Bike At Night. My Insurance Wants To Settle 50/50 And I Am Terrified. Need Advice.
Hey everyone, I’m 19, just started working a year ago, and have zero assets. I carry the Massachusetts bare minimum auto insurance ($25k bodily injury limit). I am losing sleep over a recent accident and desperately need some honest feedback.
The Accident:
When/Where: 10:20 PM on a Friday night. It was pitch black near a dark highway overpass shadow. It was a 2 way divided intersection with a median in the middle about 30 ft away from the stop sign.
My Actions: I stopped at a highway off-ramp stop sign, checked both ways, and saw nothing. My headlights were fully on.
The Turn: I turned left, accelerating normally to 10–15 mph over a distance of 30–45 feet.
The Impact: Right before the median island, an oncoming vehicle traveling straight blindsided me and smashed into my driver’s side door.
The Other Guy: It was an off-road dirt bike riding in total "stealth mode" with no headlights and no taillights [MGL c. 90B, § 25]. Because my lights were on, he could see me, but I couldn't see an invisible object in the dark.
The Injuries:
The biker was severely hurt but I wasn’t surprisingly. He sustained multiple broken bones and has already gone through multiple surgeries. These alone tells me that his injuries exceed the 25k limit. His lawyer/biker just filed an injury claim against my policy [211 CMR 74.04].
The Police Report:
I got zero citations. The biker got 2 citations. The biker got hit with four severe violations right on the report:
Unlicensed operation (90/10)
Operating an unregistered vehicle (90/9)
Illegal off-road vehicle on a public way (90B/25) [MGL c. 90B, § 25]
Operating an uninsured motor vehicle (90/34J)
The Biker is facing Criminal Charges as a result of the investigation.
Current Situation:
My car is fixed (I paid my deductible out of pocket). However, my insurance company just assigned a Liability Rep who decided to code the claim as exactly 50/50 liability.
Their logic is that even though the bike was blacked out, uninsured, and illegal, I faced a stop sign so the bike technically had the right-of-way on paper. They are trying to message the biker's attorney to offer a settlement up to my $25k cap to get a signed release form so they can never sue me [211 CMR 74.04]. The biker's lawyer hasn't replied back yet.
My Questions:
1. Is it normal for a MA adjuster to fold to 50/50 just because of a stop sign, or are they just taking the easy way out to dump the $25k limit and avoid defense lawyer fees?
Under MA rules, will my premium skyrocket for a 50/50 split? My rep said he only handles liability and doesn't know if a flat 50% triggers a surcharge or if it has to be over 50% [211 CMR 74.04].
I am terrified of a lawsuit. Since I am 19 and have no money or assets, does this 50/50 settlement approach safely protect me from being personally sued in civil court if his medical bills exceed $25k?
Location: MA
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