I drove my car off the road while suffering a heart attack. Is this a char gable accident, since my insurance co. is now charging me a surcharge.

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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...

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UPDATED: Oct 2, 2012

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Insurance Question from Absecon, NJ

Asked on 10/02/2012

I drove my car off the road while suffering a heart attack. Is this a char gable accident, since my insurance co. is now charging me a surcharge. No other vehicles were involved. I did turn in a claim for damages to my vehicle. No medical bills or ambulance services were paid for by my auto insurance, just vehicle damage. No tickets were issued as a result of the accident.

Answer given on October 02, 2012

Unfortunately, if you have an auto accident and strike an object or another vehicle, even if you suffered a medical emergency, you can be charged with a chargeable accident and your rates can be affected.Even though you did not file any medical claim under your insurance policy, you did have physical damage to the car, and the insurance company did have to make a payment. If the damage is over a specified amount, usually over $750, the insurance company can increase your rates.You can ask the insurance company to reconsider the increased premium due to the medical emergency. The underwriter may not have known of the cause of the accident when they made the surcharge. You should write a letter to the insurance company stating the facts of the loss and ask for reconsideration. They will investigate your request and respond to you in writing as to whether they will remove the surcharge or not. If you have an insurance agent, ask if they will also send a similar request on your behalf.

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