Expert: Richard L Carranza - 2/13/2009

Question
QUESTION: Hello,

I received a surcharge notice because of a minor accident I had with 3 orange cones.  I was traveling on the Mass Turnpike, a 3 lane section, which was under emergency road work and yielded into one lane.  There was signage well ahead of the road work.  I dont feel I am over 50% at fault for the following reason:  When the 3 lanes yielded into two lanes, the cones set up for this gave me enough time to merge into the next lane.  Meaning, they were spaced out enough and the angle at which they came out gave me plenty of time to merge.  But, when they went from the second lane to the first lane, there were less cones and the angle at which they came out was much more sudden than the first set of cones.  I hope this makes sense, as it is difficult to explain in writing.  Also, there was no police officer in the work zone.

Do I have a chance at winning this appeal?  

Thank you

ANSWER: I put your chances of prevailing on appeal (if you go that route) at less than 50%.

The cones were visible... you saw them...  

Your point while well taken is overly technical and simplicity in such matter is normally your best route.

I'm a tad confused.... was the claim because you hit and damaged the cone(s)?

How much was involved ($)?

Why did you report this incident to your carrier?

Hope and trust that the above helps..

Get back to me with further inquiries re this matter if needed...

---------- FOLLOW-UP ----------

QUESTION: Thank you for taking the time to answer my question.  The claim was because I damaged the car.  The cones were frozen as it was below freezing.  I did about $4000 damage to my car.  Thats why I had to report it.  I guess maybe the accident wasnt so minor as the damage was pretty high.

Regards

Answer
Those were some cones!

The good news is that you were able to get the carrier to fund the necessary repairs less your deductible.

While you will be surcharged that surcharge is incremental and should come off you premium in 3-5 years assuming you have no additional at-fault losses....

Personally I would have taken the position that the cones ran across the roadway and into my car without warning and gave me no where to go...