Expert: Doctor Settlement - 3/15/2008

Question
how do I fight my insurance company's claim that it was my fault that I hit a stationary piece of trash on a busy freeway instead of stopping. I claim a quick lane change or a quick stop would have been unsafe. Their next step will be to raise my rates.

Answer
Hi David,

You are right to challenge this now inasmuch as you could win on either or both a definition of "at-fault" that is more restrictive, or on the merits at an arbitration hearing.  Either way, a win now is worth a lot of money for future insurance policy expenses.  

The answer to your question as to proving your accident should not bring an attendant rate increase will lie in both your insurance policy AND the rulings of your state insurance commissioner.  Many insurance commissioners do little or nothing to protect the consumer.  But at other end of the spectrum, maybe your insurance commissioner has taken enough of an interest so that you have some recourse to the designation of your accident as an "at-fault" accident.  

What if your insurance commissioner defined the term "at-fault" so that your situation were excluded?  Maybe the "at-fault" definition is defined as all of those accidents resulting in over $1,000 in damages?  Hence anything less than $999 in damages paid out for car repair is automatically disqualified as an "at-fault" accident, and no rate increase can be allowed.

So, check with your insurance commissioner.  Here is the link to find your state insurance commissioner.  http://www.settlementcentral.com/links.php  

Check out your commissioner's website to see how helpful it is.
The best insurance commissioner in America is Mike Kreidler of Washington.  http://www.insurance.wa.gov/

Next, get the policy out and see if the term "at-fault" is defined at all.  And also get the dispute resolution portions of the policy ready for review or explanation.  Most policies have a mini-arbitration or appeal process to resolve disputes.  

HERE is where you can win on the facts.  MAKE A DRAWING of the intersection and take some photos as well.  Show those to the arbitrator.  You can thus win on the facts.

That should help you to get the relief BEFORE you have to worry about a rate increase.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com