Expert: Richard Hixenbaugh - 9/7/2010

Question
My son was involved in a single car incident which resulted in Geico totaling the vehicle. While driving on an interstate highway,he came up on a large rock(2'x2'x2') in the road. He served to miss it, but ended up clipping it, which sent him into the concrete barrier and back across and off the road. Emergency personnel at the site suggested that the rock probably came from a truck from one of the local quarries. Geico agreed to pay medical and has officially totaled the car. Now, however, they have listed this as an "at fault" incident, which will raise my rates. How can my son be at fault for this?

Answer
Hi Phllip,

Unfortunately, you are not going to like the answer. There is likely nothing your son can do about this. This is considered to be an at fault event. The reason is that the law in most states indicates that the driver of a motor vehicle must always be in control of his vehicle and be able to take evasive manuvers when necessary without causing a collision. A rock that size should have been visible for some distance. You son could have slowed down, changed lanes or moved around the rock. To not do so would be considered negligence on his part.

You can contact your state insurance commissioners office to see if your state has a premium appeal process. However, it is unlikely your son would win under the circumstances.

I hope this helps
Richard Hixenbaugh