Expert: Richard Hixenbaugh - 1/20/2010

Question
I have never been through this process before with respects to a hearing on insurance surcharge appeals in front of the Board of Appeals of MA.  I'm hoping that you can help me understand the process of this type of appeal.

What can I expect?  Are there any questions you feel that I should be prepared to answer?  Do you know of the success rate with single vehicle accidents due to weather conditions?  I've read several QA's involving single vehicle accidents in which many of the experts on this site feel that there is very little to no chance of winning.  I do want to go in feeling confident in my statement.

Answer
Hi Mel,

Unfortunately, I would tend to agree with the other experts. When you have a single vehicle accident, even if "due to weather", it is considered to be your fault. The reason is that you are required to always be in control of your vehicle regardless of weather conditions. If conditions are such that it is not possible to drive safely then you are required to not drive. If you drive in poor weather conditions, then you have accepted the risk of those conditions and are responsible for whatever happens.

I hope this helps
Richard Hixenbaugh