Expert: Claims Guy - 1/10/2011

Question
Thanks so much for agreeing to share your extensive knowledge about the insurance industry!

My question is relatively straightforward (I think)...

My wife was involved in a single car accident in which she had spun on a highway interchange ramp and hit a guardrail.  No other vehicles were involved.  Three other cars had a similar experience within one hour or so of my wife, some immediately, some delayed.  It turned out that prior to my wife's accident there had been a previous accident in which oil was spilled on the roadway and not 'properly' cleaned before the road was re-opened (there had been flares set out which had been removed before my wife passed by.)

An accident report was made, but no citation was issued.  All damage was minor and not submitted to our insurer.  Upon changing insurance approximately 8 months later, our new insurere added a $600/year surchage to my wife's policy due to the accident.

Multiple reasons (all incorrect--you had a claim with your insurer, the insurer paid to another party, you got a ticket, etc;) were given.  Eventually the new insurer's adjusters determined that the surchage was correct as my wife was at fault (even though the accident report shows road condition/oil as a cause/contributing factor).

Obviously, I'm concerned that the insurance company's employees  can make such a self serving determination--she was at fault--your cost is now $600/year higher with an incident in which there was no clain and no citation.

Any recourse for me now that they have made a 'final determination'?

Answer
You have a couple options:

1) complain to the Underwriting supervisor about the surcharge
2) complain to the state insurance department about the surcharge.  There is likely an appeal process.
3) call your prior insurer to see if they will take you back at a lower rate.  They will be glad to hear from you; don't assume they are upset you left.

Based on what you told me, it appears this was an unavoidable accident and she was not negligent.  This should not be surchargeable.  However, an incident can change your rating and premiums even if not determined you are at fault.  Some people have more incidents even if not at fault, and then insurer can assess risk for this.

If you can't lower the premium, consider making a claim for the damage with the old insurer.  You might as well get something out of it if you are being held responsible.  You can make a claim at any time from the date of accident until the statute of limitations expires in your state.  (check Google for your state)