Ok, I did not get cited for my accident. It was foul weather and no other property was damaged. But, they are trying to hit me with a 5 point surcharge on my record. I have worked hard to get down to a step 11 from a lofty 23 years ago. So, now I am appealing the insurance co's decision.

I am going to obviously bring a copy of the police report which states that the road surface was wet/icy; as well as a printout showing that on that evening there were more accidents reported to the police than usual.

Does anyone have any other advice that I could use in trying to appeal this surcharge. Basicly I am trying to convice them that I am not more than 50% at fault in a single car accident. Thanks

 

Jeff,

It's hard to show you are less than %50 at fault in a one car accident. I don't really handle this kind of hearing, but I know the law begins with the proposition that a driver must always be in control of his car. Rainy, icy conditions must be met with a reduction in speed below the posted or legal limit. You must have facts to support things like unexpected mechanical failure, defective street lights, faulty traffic lights etc. I don't think you would win with just icy conditions, but black ice and a low speed limit might help. You might try to explain that the tire on your car are not rated for ice and snow, but be careful here. If you were aware of that fact, it won't help you case. Someone else with experience in these matters may be able to give you better advice. Here is a web site from the Commissioner of insurance to check out.

http://www.state.ma.us/doi/BOA/Boa_surchar...on.html#appeal1

Good luck.

Bill

 

Bill, thanks, you are a great help with these things!

Jeff

 

Jeff, I don't think the "50% at fault" thing applies on single car accident. All you have to prove is the road condition was hazardous and that was ultimately what caused your car to lose control. Your police report works greatly in your favor by stating the road condition at the time. At the appeal, be prepared to give them a detail account (and be specific) on how it caused your car to behave unpredictably and lose control beyond the driver's at the moment just before the accident. Good luck!

 

Well if you just stayed home you wouldn't have gotten into the accident. Wonder if they will pull that line on ya to say your 50% at fault.

 

Yeah, that is probably the mentality. Don't drive and you can't crash.

 

[QUOTE]Originally posted by PsychoBen
[B]Jeff, I don't think the "50% at fault" thing applies on single car accident.

 

Thanks everyone

 

I successfully beat one of these a few years back. I cut out headlines from the local papers and quoted the articles regarding Seargent so and so of the state police saying, "the roads were trecherous, cars were skidding all over", etc. That seemed to win them over.

Funny thing was insurance charged me for a year before hearing and then after finding said it "wasn't their policy" to cut me a check.

A little screaming later and it was settled.

On a sidenote, I disputed a failure to use care in starting ticket last week ($50 ticket and $100 suecharge a year for five years and was found to be not at fault. My defense-I wasn't starting but passing a car. I felt the officer thought I was speeding but couldn't give me a ticket due to no radar so he gave me this instead. The magistrate said due to the confusion he would dismiss it.

Gotta fight, fight, fight.

 

Hey, where did you get that "...printout showing that on that evening there were more accidents reported to the police than usual"????

My accident was at 8:00 AM and there had already been 4 accidents at the exact same ramp that AM. I would like to get something that mentions this on paper.

Thanks!

[QUOTE]Originally posted by sireousrex
[B]