Expert: Richard Hixenbaugh - 1/20/2010

Question
I sideswiped/brushed a parked car parallel parked on the side of the road after I had a sneezing/coughing fit.  There was a recent snowstorm, and the street was not plowed to the curb, so the parked car was sticking out into the roadway much more than it would if the street were clean and it was parked closer to the curb.  Is it worth my effort to appeal my insurance surcharge?  In Massachusetts, they say if you are more than 50% at fault, you'll get the insurance surcharge.  I think the town is responsible for cleaning the street to the curb after snowstorms, but I have no idea how you determine percentage of fault.  Thanks.

Answer
Hi Paulo,

You will be considered at fault in this situation no matter what. Since you knew that it snowed and that the snow caused people to park out from the curb, it is your responsibility to compensate for that. If you try to appeal that you will likely lose.

I hope this helps
Richard Hixenbaugh