Our client, a Massachusetts resident, claimed that a phantom vehicle which didn’t actually strike her car caused her to take evasive action that caused her to strike the median barrier of a highway. Her insurance company claimed that she was more than 50% at fault for the accident and in Massachusetts that would mean that she could not recover anything for her injuries. So they not only denied her claim but also tried to have a “surcharge” placed on her policy that would increase her premium payments for several years. We helped her beat the surcharge and then demonstrated how her actions were reasonable under the circumstances. In the end the insurance company relented and paid its 6-figure policy limit to settle the claim. Neitlich v. Commerce (March, 2015).