My question involves a traffic accident that occurred in the state of: MA (Boston)
Shortly after coming to a complete stop in my car, a bicycle came from behind and ran into my right rear view mirror. The mirror was knocked completely off, and there are scratches down the right side of my car. Estimates from body shops are around $1300 to replace the mirror and repaint the side paneling of the vehicle. The bicyclist was ok and biked off after we exchanged info. Unfortunately, I did not call the police; I did file an incident report with them after the fact.
Neither of our insurance companies are covering the accident. Mine interviewed both the bicyclist and myself and concluded that she was at fault. What I am hearing from her is that she has received advice from 1) the bike union, 2) her insurance company (who have not interviewed me), and 3) a traffic lawyer, and all of them are telling her she is either not at fault, or not legally obligated to cover the damages to my car. This seems wrong to me, considering that in MA, bikes are considered vehicles and thus are held to the same standards as cars when it comes to traffic laws. Since I was at a complete stop and she hit me while approaching from my rear, I assumed (perhaps falsely?) that it would be a pretty cut and dry rear-end collision with her being the party at fault. I'm not sure if she's just trying to bluff.
Anyway, I recently received word from the bicyclist that she is willing to pay $100 and no more. My question is do I have any legal recourse to have her pay for my repairs?