Did my agent categorize my accident wrong to get more money from me through higher premiums?

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 3, 2016

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Minneapolis, MN

Asked on 07/03/2016

Did my agent categorize my accident wrong to get more money from me through higher premiums? I spun out on the freeway after going over a huge pothole in the rain. My wheel came off and caused some damage. My comprehensive covered it, but my premium shot through the roof as a result. On the claim I noticed they classified it as "struck fixed object" which isn't entirely accurate. Is there another classification they should have / could have used for the accident which wouldn't result in such high penalties?Thanks.

Answer given on August 14, 2016

If you struck a pothole and spun out on the roadway, the actual claim should have been under your collision coverage. In that case, the collision would have been considered an at fault accident, which would have caused an increase in your premium. The pothole is considered the “fixed object”, so the description would be accurate in the report.If the accident had been settled under your comprehensive coverage your rates would not have been affected, but striking any object, other than a deer, is considered collision and is subject to rates that reflect the accident.Check with your insurance agent or insurance company to confirm the claim was paid under the collision portion of your insurance. You will probably find that it was paid in that manner. If they settled it under comprehensive, you then have a viable argument that the insurance rates should not have been affected by this incident.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption