Why am I being considered “at fault” on my insurance record when it was determined I wasn’t “at-fault” for a hit and run accident?

Get Legal Help Today

 Secured with SHA-256 Encryption

Why am I being considered “at fault” on my insurance record when it was determined I wasn’t “at-fault” for a hit and run accident?

I was involved ina hit and run accident. I was driving a loaner vehicle from the dealer as my vehicle was in the shop. I was at a light, when a car hit me and drove off. A police report was filed and provided to my insurance company. When requesting insurance quotes through other companies I was consistently told that my rate was affected by this accident because it shows that I am at fault. When discussing with my current insurance company (who inputted the information into the system) they stated that they entered the information correctly, as a collision but “not at fault”.

Asked on November 28, 2011 under Accident Law, Georgia

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Thank you for submitting your insurance questions relating to at-fault accidents and the increase in insurance premiums.  Unfortunately, your current issue with your insurance company is very common.  It is a common story that you call your insurance company when you have been in the accident, and the adjuster that you speak with continually assures you that you will not have an at-fault accident on your insurance history.  Then your vehicle gets repaired, maybe you even had a rental car for the time your vehicle was repaired, and then you eventually get your vehicle back in pre-accident condition.  But then the next year rolls around when your premiums get assessed and that is when you notice the error on behalf of your insurance company.

Sometimes this can simply be a clerical error and other times it was later determined that it was an at-fault accident and you were never notified of the same.  It sounds like your insurance company, or at least the insurance agent that you spoke with, is stating that your accident should not be listed as an at-fault accident.  Even though that is the case, you are having difficulties with other insurance companies viewing this as a no-fault accident.  First you should know that some insurance companies define at-fault accidents differently and while your insurance company determined it was a no fault accident, another company might say it was an at-fault accident.  However, you should try to get a letter from your current insurance company to submit to potential insurance companies that states your accident was a no fault accident.  This way you can just make copies of the letter and forward it to potential insurance companies.  If your insurance company will not cooperate with you, then you can contact your state’s insurance commissioner and notify them of this problem.

 

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Thank you for submitting your insurance questions relating to at-fault accidents and the increase in insurance premiums.  Unfortunately, your current issue with your insurance company is very common.  It is a common story that you call your insurance company when you have been in the accident, and the adjuster that you speak with continually assures you that you will not have an at-fault accident on your insurance history.  Then your vehicle gets repaired, maybe you even had a rental car for the time your vehicle was repaired, and then you eventually get your vehicle back in pre-accident condition.  But then the next year rolls around when your premiums get assessed and that is when you notice the error on behalf of your insurance company.

Sometimes this can simply be a clerical error and other times it was later determined that it was an at-fault accident and you were never notified of the same.  It sounds like your insurance company, or at least the insurance agent that you spoke with, is stating that your accident should not be listed as an at-fault accident.  Even though that is the case, you are having difficulties with other insurance companies viewing this as a no-fault accident.  First you should know that some insurance companies define at-fault accidents differently and while your insurance company determined it was a no fault accident, another company might say it was an at-fault accident.  However, you should try to get a letter from your current insurance company to submit to potential insurance companies that states your accident was a no fault accident.  This way you can just make copies of the letter and forward it to potential insurance companies.  If your insurance company will not cooperate with you, then you can contact your state’s insurance commissioner and notify them of this problem.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption