Auto Insurance Claims: Collision fault when hit from behind, insurance fraud, unlawful behavior


Question
I was driving on a narrow 2 lane road with no shoulders with 2 yellow no passing stripes when without warning a sports car coasted to a slower speed (no brake lights) which I interpreted as a sudden stop.  To avoid a collision I skidded left (going right meant going off the road as there was no shoulder and possibly hitting a curve warning sign).  As I was going buy the car on the left with brakes locked, the sports car attempted a U-turn in front of me and I struck his door at a low speed (~approx 10 MPH.)  No injuries, I drove my bike home, with about $500 worth of damage.  The ruling was that I was illegally passing and 100% at fault. I protested, buy my insurance company settled with him for $4000.  They say the guy behind is always at fault regardless of the unlawful behavior of the driver in front.  My damages are minimal, but I am ticked at this logic, and don't want to spend the next 5 years paying higher premiums. Also, this logic leads to insurance fraud, which my son was a victim of a few years ago.  Any hope for another appeal?

Answer
Hi James,

Unfortunately, there is not much of an appeals process in insurance claims. It is solely the insurance companies decision to pay or defend a claim. It is generally correct that the person behind is considered to be at fault. This is because with frontal vision you should be aware of what is going on in front of you and be able to react to whatever does happen.

Your insurance rates may be affected for 3 years due to an at fault event.

I hope this helps
Richard Hixenbaugh