Expert: Anne - 4/25/2011

Question
While I was backing out of a parking space,I was hit by a car speeding and distracted driving down the aisle. I was backing out very slowly and my body was completely turned around to see if there were any cars. When I saw the front end of her car coming at me, I stopped, but didn't have time to get out of the way. If she was paying attention, she would have seen my car directly in front of her. Despite the fact my car wasn't even moving and the damage was on her front end, the adjustor I spoke with didn't listen to a thing I said about what happened. He kept telling me I was "at fault". Which begs the question that if my car wasn't moving, how could I have hit anyone? He said it was a "president" in VA that cars in parking spaces are at fault 100% of the time. The insurance company didn't even do an investigation. They never even looked at my car. I researched VA law and spoke to the Commissioner of Insurance and neither mentioned anything about legal presidents. I also got 2 violation points and my insurance premium doubled! I feel that was a totally unfair increase for only 2 points.

Are insurance companies allowed to get away with such things? Nothing in my contract with them specifies their unfair "at fault" rules or rate increase explanations. I want to fight it, but my agent said not to bother. Can I request copies of their assignments of guilt in car accidents and/or policies on rate increases?

Thanks!

Answer
Hello Julie,

You can make the request, but they will likely deny it. You do want to talk to a lawyer about this. It does seem that the insurance company must do a better investigation than that or they could be looking at bad faith.

Talk to a local lawyer.

Good Luck
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