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Just a vent re: insurance

DH is at work and I just feel like venting to someone. ..

Backstory: I was in a wreck a couple years ago. I was driving down a 2 lane road and the person in the van coming towards me was straddling the yellow line and was in my lane. I had to swerve around him so that I would not hit him. I lost control and rolled in the ditch. The guy in the van came back and told the police it was his fault, he said he was trying to find his cell phone and he drifted into my lane.

A couple weeks ago, I was looking at our auto insurance policy profile online. I noticed it listed my wreck as my fault. I called our insurance company and they told me I would have to talk to the company that provides them with the driving reports. I requested a copy of my driving report from said company. I received it today and the report lists "No Fault" next to my wreck. I called my insurance company back and was told that since I lost control and my car left the road, it was my fault. I don't see how it is my fault if the guy admitted to the cops it was his fault, the report the insurance company uses says No Fault, and his insurance company reimbursed my previous insurance company for the cost of the damages. I really doubt his insurance company would have paid for the damages if it was not his fault, it seems like they are always trying not to have to pay for stuff. So it's my fault he was in my lane and I had to swerve around him just to not hit him, but it would've been his fault if I just stayed in my lane and had a head-on collision? This is frustrating! I wish I could be one of those people who can be firm and argue until I get my way, but I'm too nice to people :(

Okay, end of vent!


Kaylee & Cole 06.14.08

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Re: Just a vent re: insurance

  • Avoid the agents office (most of them don't know a damned thing in regards to claims) and call your insurance company directly.  Ask to speak to a claims supervisor to see who you need to talk to about this.  If you don't get the answers you need from them, tell them you want to speak to the manager.  I am sure your premium will go up solely because a claim was reported on your policy, but there shouldn't be fault on your part...especially if your insurance didn't have to pay anything out as the other insurance company accepted fault.  Good luck!

    I know that when I worked for an insurance company, sometimes people wouldn't correctly apply fault percentages and that would be something that underwriting wouldn't know was a mistake unless the claims rep/supervisor you worked with changes it in their system. 

    ETA:  Not ALL agents are idiots.  I've dealt with some great ones.  But in regards to your issue, I'd go directly to your underwriting or claims department! :)  HTH!

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  • Although technically, the other driver was the cause of the accident, legally, the accident is your fault because you over corrected and wrecked your vehicle.  This is somewhat similar to someone who cuts you off, then slams on their breaks and you hit them - sure, its their fault because they cut you off but you hit them and so legally you are at fault.

     

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