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Auto Insurance Claims/Appealing a surchage in MA.

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Expert: - 8/24/2009


Question

Accident site
Hello,

We recently received a surcharge notice and wish to appeal it. My wife got into a fender bender with another vehicle. She was pulling out, on a one way street, and a car that was traveling in the bike lane hit her. My wife's vehicle was inside the parking lane and was stationary. The two vehicles came into contact with one another just inside the parking lane. Is this sufficient grounds for an appeal? If so, what might I explain in my appeal?

Thank you,
A


Answer
Unfortunately I think you will probably lose the appeal.  The issue is whether or not your wife was negligent.  It sounds as though she failed to yield the right of way to the vehicle on the main road.

Even if the other driver was also negligent for traveling in the bike lane, this does not negate her negligence for failure to yield right of way.

If you choose to go ahead with the appeal, you should stress that she was in the bike lane and stopped when hit by a vehicle that was traveling in the wrong lane.  Good luck!
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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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