Expert: Anne - 6/8/2009

Question
Anne,
My wife has caused a rear-end collision in bumber-to-bumper traffic at slow (10 mph) speed.  No airbags were deployed. There were two teen-age kids in our car and two other passenger in the other. In general, are there any circumstances that would be the grounds for appeal of the insurance surcharge that followed?  Is it worth to appeal?

There were several other cars in front with minor bumper damage also. A few other particulars:
1. The driver of the car in front came out without shoes on, with slurred speach, and acted as if he was not "all there."
2. My wife did not see any brake lights on his vehicle coming on before the impact.
3. The other car has as much damage to the front as to the rear.  We think it has already rear-ended another car when we hit it.
4. No outside witnesses.  No police citations. Everybody has insurance.

Many thanks for your help!

Al

Answer
Hello Al,

I am not quite sure what you mean about the insurance surcharge? Are you worry about your rates going up? If that is the case, if you are at fault (or your wife), then the insurance company has an obligation to settle the claim and pay for the damages you owe. They will use this against you later on to adjust your rates.

The insurance company has the right to settle your claim as they believe it is correct (as they see fit really), your auto policy most likely has the right of settlement clause in it, please see:

http://www.auto-insurance-claim-advice.com/Right-of-Settlement.html This clause is what give them the power to settle. You can try to appeal and you should contact with a lawyer before you decided to appeal or not to appeal.

Your insurance company will have to do an investigation regarding if the vehicle in front had already caused damage or she caused the damage all together. If she did not, then damages will probably be apportioned (she owes for the aggravation of the damage if any to the vehicles in front and probably 100% of the rear damage of the vehicle in front).

Good Luck,
Anne
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