QuestionThank you so much for your information and I am prepared to file a complaint with the New York State Insurance Department if my insurance company does not come around.
I did not put in a claim with my insurance company for reimbursement, I simply reported the accident to them the day it happened. My car is older so I am not even sure I want to have it fixed. When the other driver's insurance company called to offer me the 80%, I agreed. They called back saying that my Insurance Company has already found me to be 100% at fault and are about to or have paid her insurance company. That is when I called my Insurance Company and I am in the middle of having to prove that this man is mainly at fault for this. In the meantime, the woman from the other insurance company called again with the same offer and I accepted so I should be receiving her check in the mail.
This is a road that goes from one lane and splits into two. The accident happened where the road is wide enough for two vehicles (no more, no less) but the dividing lines on the road had not begun yet. On the first accident report...it indicated that I was at fault because I was trying to get around him. I went and talked to the police officer and explained that that would be impossible at that section of the road. The only way my vehicle would be able to be to his right, is if this man chose the left lane or left side of the road and he would have had to have done so at the first entrance of this plaza further up the road where a curb on the right begins. Our vehicles came to a stop at the second entrance which is where he was trying to enter. The officer immediately understood (this is the town we live in) and said that he would have to indicate that I was passing because technically it is a one lane road.
There is one section on that accident report where it indicates under a section of contributing factors and he indicated "passing or lane usage improper". My insurance company seems to be focusing on that saying that it is improper passing. I explained to them that the police officer said he had to call it passing and if it technically is one road...how can it be improper lane change...and it is not improper passing because the driving manual says that you are allowed to pass when the road is wide enough for two vehicles.
My concern is that my insurance company has on their records that I was 100% fault which is just a bogus conclusion and I believe they are completely misreading the accident report. I have told them to talk to the police officer and I have sent them photographs of the scene. They are reviewing the claim and I am waiting to hear back from them but I am not confident because they have been very difficult. I do not want them to be able to surcharge me. I am beginning to think that someone made a hasty decision on their part and now they want to cover it up and not admit a mistake.
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Followup To
Question -
Hi, I hope you can give some insight to this dilemma even though it does not pertain to injury. I live in New York State and had an accident in which there is a road which goes from one lane and eventually widens to two. As I was driving behind a pickup truck and the road began to widen, he swayed back and forth and could not decide which lane to go in. Two vehicles in front of him chose the left lane which forced him to choose a lane. He chose to drive behind them into the left lane. I chose the right lane because I needed to make a right hand turn at the end of the road. We drive side by side momentarily down the road - his car was a bit ahead of mine - and he decided that he wanted to turn into a plaza on the right hand side. I noticed his signal go on...his taillight was at the side of my head...and I saw his signal on at the front of his car. He basically signalled, tried to cut across the right lane and pushed my vehicle into the entrance, all in one motion without looking for vehicles coming up in the right lane.
I reported the accident to my insurance company but did not process a claim. His insurance company has found him at 80% at fault and my insurance company is saying that I am 100% at fault. My insurance company believes that I tried to pass on the right improperly causing the accident. The description on the police report says the following: "Vehicle One [the other driver's] heading northbound when vehicle two also heading northbound on same passing on right when vehicle one attempted to make a right hand turn into cumberland plaza causing collision." To me this says that his vehicle turning right caused the collision but my insurance company is saying that it is because I was passing. I am so furious that I am trying to defend myself to my own insurance carrier, especially when the other insurance company has concluded that the brunt of this was their insured's fault. The other driver has One Beacon Insurance and I have Liberty Mutual. I have taken pictures of the scene and I am waiting to hear back from Liberty Mutual. I have a 1997 Subaru Outback which I am not sure I will even get fixed but I do not want my insurance company to have on record that I was 100% at fault for this accident.
Answer -
Dear Tami-Jo Eckley,
Thanks for your question, and I will try to give you some pointers to help you resolve the matter.
There are three aspects to consider:
1) Who pays for damage to his vehicle?
2) Who pays to repair your vehicle?
3) Can you prevent your insurer from listing this as an "at-fault" accident?
Since your insurance will pay for some part of the repair of his vehicle, and since his insurance and your own insurance will pay for the damage to your vehicle, less your deductible, all you stand to lose on the repair bills is your deductible.
If the other company feels their driver is at fault, you might want to settle for the 80% of your repair bill, and do not involve your company at all in repair of your vehicle if the costs are small.
The reason you might want to just take the 80% from the other drivers comany is because involving your own company can involve an increase in your own rates. Thus, the bigger risk is getting tagged with an "at-fault" label for this accident, because your insurer can then raise your rates. That is their incentive for saying you are at fault. Since you present no greater risk after this accident than you did before, the rate increase you will suffer goes directly to the profits of the company.
So I would suggest you consider solving your damages with their company and letting your company pay the 20% damages for the other driver's costs of repair.
Looking at the three topics at the begining, all three answers depend upon the facts of the accident. When we have a dispute in liability, then the police report is going to carry great weight. Unfortunately, the officer chose to say that you were passing on the right, which was not at all the truth.
Do you know how the officer got the impression you were passing? It seems to me that your version is reasonable: you were just staying in the right lane.
Did you hear what the officer said about passing, or did he or she ask you for your version? If the officer gave you a ticket, you are going to be stuck with an "at-fault" finding on the insurance UNLESS YOU FIGHT the ticket and win. That will put you at an advantage with your own company, and may help to put 100% of the blame on the other driver.
If the officer did not give you a ticket, then you MUST use that fact as ammunition against your insurance carrier.
At this date, you cannot now "correct" an officer's report. But, you can send your own letter and ask that it be made part of the record. This is an important step to demonstrate to your insurer that you are without blame.
Doctor Settlement's website has a free car accident insurance claim article on point. Go to www.SettlementCentral.Com -- "Car Accidents: Insurance Claims Adjuster; Correcting Officer's Report (Part 2)" is on the home page halfway down in the center.
Here is the link to the URL: http://www.settlementcentral.com/page0059.htm
Halfway down on that URL, look for this section:
"2. Correcting The Car Accident Investigating Officer's Official Accident Report"
That article should give you sufficient information on how to send in a letter so you can thus have a better basis to argue with your company.
I think you should also contact your own New York State Insurance Superintendent, Mr. Howard Mills. Ask his office for help in getting a fair result with your own company.
Here is a link to his office website:
http://www.ins.state.ny.us/
I trust the foregoing has been of assistance to you. You can always follow up with another question or comment if anything is not clear.
Best Wishes,
Doctor Settlement
AnswerCongratulations Tami-Jo--I think you are on the right track.
First, lets make sure I understand the money trail. You were paid some money from his company, and will not seek any money from your company. Is that right?
If so, you already had a big success in achieving this result. Don't let your company cause his company to back off.
As to your company, you are doing just fine. Sending them the photos and keeping up the pressure is the right thing to do.
One additional thing you might consider is to ask in writing what appeal or arbitration rights they offer if they deem you to have been at fault. That will let them know that you are going to pursue this until justice is done and you are relieved of any burden to pay increased premiums.
Just keep a log of your phone calls and copies of your notes because you can use those to support your letter to the insurance commissioner. If the commissioner does not express an interest in your case, then ask him WHY NOT?
This is a type of scam that the insurance companies can pull, and if the insurance commissioner is not interested in protecting the public, what is his job??
Best Wishes,
Doctor Settlement
