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Insurance company says it's my fault


KDR

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So is it also correct to assume that if he was run off the side of the road and crashed - then having the driver of the car take off - is the MC at fault and not the driver of the car?
Everybody is getting hung up on the word 'fault' - to the insurance company it does not mean 'blame', it means 'expense'.
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The other driver was judged not to be at fault because the accident was unavoidable due to the weather, but his insurance still paid.

 

As far as I know, in NJ, the driver that does the rear-ending is at fault. If there is a 5 car accident, all rear enders, the last guy is at fault.

 

fault because the accident was unavoidable due to the weather, but his insurance still paid.

 

As far as I know, in NJ, the driver that does the rear-ending is at fault. If there is a 5 car accident, all rear enders, the last guy is at fault.

 

AFAIK, that's the default rule everywhere, at least when there is no officer on the scene or when the officer on the scene is unable to judge fault. However, at least around here, if an officer is on the scene and submits an accident report, and the report includes an assessment of fault or extenuating circumstances, the insurance companies generally defer to the officer's judgment.

 

Dave

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So is it also correct to assume that if he was run off the side of the road and crashed - then having the driver of the car take off - is the MC at fault and not the driver of the car?

 

I think probably yes. If you can get a witness to hang around until an officer responds, you should be all set, but it's not always easy to get someone to pull over and wait for you. If you don't have a witness, but can give a plate number and general description of the vehicle which took off, maybe the officer might be inclined to investigate further and maybe not.

 

Now, if it was a hit & run, that's a different story because you have impact damage as proof of another vehicle.

 

Dave

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GoGo Gadget

 

 

As far as I know, in NJ, the driver that does the rear-ending is at fault. If there is a 5 car accident, all rear enders, the last guy is at fault.

 

AFAIK, that's the default rule everywhere, at least when there is no officer on the scene or when the officer on the scene is unable to judge fault.

 

 

Not necessarily. Through interviews the officer determines the sequences of events. If 4 cars are stopped, and the 5th slams into them all, the 5th is at fault. If car 2 hits car 1, then is struck by car 3, which is then struck by car 4 and car 5, you have 4 seperate crashes. Each is worked up individually.

 

 

I am really confused about the credit reporting thing. How does filing a claim amke you a credit risk? An insurance risk sure, that is addressed by the rate increase. That has nothing to do with credit rating.

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I am really confused about the credit reporting thing. How does filing a claim amke you a credit risk? An insurance risk sure, that is addressed by the rate increase. That has nothing to do with credit rating.
You're confused because you're hearing it backwards. Your credit rating can affect your insurance rates (controversial, but it is done by some insurance companies) but your insurance claims history does not affect your credit rating, or at least one accident won't.
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I am really confused about the credit reporting thing.

 

Ok, ever fill out a credit app. for any kind of financing??

They always want to find out what kind of driver you are.

Lots of tickets could mean you will lose your DL and might not be able to work.. or repay the loan. It's just another way for the money companies to charge more. They want safe risks who will pay and pay, not risk takers such as us.

The last time I looked we never have had a hurricane in Il but my homeowners went up due to them. confused.gif

It pays to shop around every 2 years and see who has a good price. Often the first year is low in hopes the customer won't notice the increase the 2d. or 3d year.

Insurance, you can't see it but you sure need it sometimes.

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As for Progressive, a friend of mine lent his car to a dimwit girlfriend who then got in a wreck that totaled the car, the police determined that she was not at fault even though the circumstances were far from clear. The other driver's insurance was Progressive, they paid over blue book for his car, reimbursed him for a cooler that was stuck in the trunk and gave him 10 days car rental even though he hadn't rented a car, no fuss at all. So, they're not all bad.

 

Maybe they were generous in the hope of earning your friend's goodwill so that the dimwit wouldn't belatedly discover that her back hurt.

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Everybody is getting hung up on the word 'fault' - to the insurance company it does not mean 'blame', it means 'expense'.
Exactly. The insurance company's are not talking about who/what caused the accident, they're talking about who pays for the accident.
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Everybody is getting hung up on the word 'fault' - to the insurance company it does not mean 'blame', it means 'expense'.

 

There is also a difference between who may be at fault in an accident, according to the law, and where insurance companies place fault. One driver may be issued a ticket and determined to be at fault by the cop, and the insurance company may still place some portion of 'fault' on the non-ticketed driver when it comes to liability for an accident.

 

In the case of a single vehicle accident, insurance-fault is nearly always placed on the driver/rider of the vehicle....even in the case where the rest of the world would say 'it wasn't your fault.'

 

I can also say that I have had a road-bed collision claim with Progressive that was certainly my fault from an insurance perspective and they didn't raise my rates at all (much to my shock and amazement).

 

Insurance-like many industries-has its own way of defining certain words and using verbiage in a way that confuses the bejeezus out of non-insiders.

 

Take the next bit for what it is worth-I have been out of banking for over 5 years-but I looked at credit reports every day for over 10 years prior to my change of industry. I have never seen an insurance company rating that shows up on a credit report. I am not sure how on earth your claim rep thinks that an insurance rating shows up on a credit report, unless there have been some changes. What he may mean is that the accident will be on file so that, were you to try to change companies, the accident would be available to another company to use in their rating determinations. But that is not the same as it showing up on your credit report.

 

Many companies do use your credit report in determining your rates, but that does not mean that the insurance company rating can show up on the report.

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GoGo Gadget
I am really confused about the credit reporting thing.

 

Ok, ever fill out a credit app. for any kind of financing??

They always want to find out what kind of driver you are.

 

 

Uh, yeah! I buy everything on credit. Just picked up my 07 RT. I have cars, bikes, atv's, RV's, tractors, etc, etc that are all on credit. Driving history has never come up.

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Everybody is getting hung up on the word 'fault' - to the insurance company it does not mean 'blame', it means 'expense'.
So ... why do those regions which have "no fault" insurance ... not affix "blame"?

 

Fault means fault.

 

They are going to hose you with the costs anyway ... they aren't in the business for charity purposes.

 

No offence intended but any linking of altruism and insurance companies is just naive.

 

If you keep your same insurance company for anything longer than maybe 3 years or so they begin to think your stupid and start upping the rates. So much for "loyalty" discounts.

 

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So ... why do those regions which have "no fault" insurance ... not affix "blame"?

 

Fault means fault.

 

Insurance companies truly do mean something different. No fault does not mean that noone is at fault (in the real world) for an accident. It just means that the insurance companies are not going to look at who caused an accident in determining which company should pay for the damages. So, their definition of fault has to do with expenses, not blame.

 

... they aren't in the business for charity purposes.

 

Truer words were never spoken. And yet it seems to surprise some folks.

 

If you keep your same insurance company for anything longer than maybe 3 years or so they begin to think your stupid and start upping the rates. So much for "loyalty" discounts.

 

I have to say that we have been with the same insurance (for our cars) for a long, long time. We shop every year, and noone can touch our rates. Noone is even in the neighborhood, for us. Of course, my car policy is over 20 years old. Mark's is older than he is (really-he got added to his parent's then 20 year old policy when he was 16, and he kept that policy when he moved out). They have made a ton of $$$$ from us, over the years. I don't, however, fool myself into thinking that they feel any loyalty towards us-they just want to keep us so long as they keep making money from us.

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I have to say that we have been with the same insurance (for our cars) for a long, long time. We shop every year, and noone can touch our rates. Noone is even in the neighborhood, for us. Of course, my car policy is over 20 years old. Mark's is older than he is (really-he got added to his parent's then 20 year old policy when he was 16, and he kept that policy when he moved out). They have made a ton of $$$$ from us, over the years. I don't, however, fool myself into thinking that they feel any loyalty towards us-they just want to keep us so long as they keep making money from us.

 

Me too. We've been with State Farm for 29 years, and have earned "non-cancelable" status with them. And the rates and service are fantastic.

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If you keep your same insurance company for anything longer than maybe 3 years or so they begin to think your stupid and start upping the rates. So much for "loyalty" discounts.
I've been with Progressive for over 5 years and my rates just seem to be getting lower.
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Hard to always do it, but PLAN AHEAD ... you knew that you were in inclement weather / road conditions preparing to exit ... SLOW DOWN. Actually, we all pay for those reported accidents; it is factored into the rates.

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Insurance companies' concept of "fault" is a never-failing source of wonder. Consider: recently my son was driving on the Interstate behind/beside another car that shed a wheel, which hit the front of my son's car and did major damage (no one injured, fortunately). Although the other driver had "full coverage", his insurance company declined to pay because it was an unforeseeable event, "not his fault." So it was left up to my insurance to pay the claim (less the deductible, of course frown.gif ) My agent told me that this is common practice in the industry; they would have handled it the same way. Bizarre . . .

 

Lee

2002 R1150RT

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The issue seems more than the finding of "fault". It appears that the real concern is the potential for a premium increase for submitting a claim. Insurance companies give discounts to insureds who have clear records and no claims, along with a multitude of other discounts. If your bike is damaged in a single vehicle accident, and you have the proper coverages, they will pay for the damages. There is no issue of fault, the only issue is will the claim be classified as a "chargable accident". If it is found to be chargable, your premiums will more than likely increase.

 

Most insurance companies have a threshold for determining whether or not an accident is chargeable. For some companies, $1 paid equals a chargeable claim. For others, the threshold is $1,000. I would be cautious when chosing an insurance company solely on this criteria however.

 

Also, it's good to remember that an insurance company charges the same amount of premium increase for a chargable accident no matter how much is paid, whether it is $1,000 or $100,000. Also, insurance companies follow a theory of "frequency breeds severity". They will continue insuring someone who has a $100,000 claim once but will drop someone else who has had three $500 claims. This is because they know the insured who has a frequency of small claims, is going to have a big one sooner or later.

 

Finally, the best method of purchasing insurance is usually through a trusted agent. A good agent can and will help every client through the maze of insurance. Don't take insurance advice from your friend, your co-worker, your mailman or anyone else who isn't trained in the industry. Most agents are honest, hardworking, competent individuals who will work very hard to do what is right for their clients. The cost of the premium is a very small part of the equation. You wouldn't look for the cheapest surgeon to operate or the lowest cost attorney to represent you. Find an agent you trust,, both for the advice and knowledge they can provide and let them work for you.

 

Yes, I am an insurance agent and have been for 30 years.

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I didn't read all 7 pages... but this guy crashes his bike in a single vehcile accident. Unless there was a defect in the motorcycle or the DOT did something wrong... your rates will go up. Why would you expect the insurance company ot eat this. Collision insurance is designed ot loan you approx. 1/2 the cost and you've paid 1/2 the cost in your premiums. You rate goes up to cover the 1/2 that they are loaning you. IF you don't like the system, try beign self insured. Take half the value of your motorcycle and put it in a high interest yeild account and cancel you collision insurance. IF you have an extra 500k lying around, toss that in another account and you can be self insured for liability.

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accidents happen all the time with 1 car. it's your fault no big deal that's why we pay insurance. insurance companies have ratios of what they bring in a have to pay out. that's how it works. submit the claim. make them pay and the switch in june to foremost/dairyland. i've heard too mant crap stories about progressive. i think they plan suck and only want to collect your $.

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Here in Michigan 2 phrases pretty well cover that situation.. Both make it the operators fault.. Which one fits the situation best..

 

 

_Failure to have vehicle under control//

 

_Driving too fast for road conditions//

 

Twisty

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Agent_Orange

Seems to me a lot of brohaha about very little. IMHO.

Went down, but have very minor injuries.(good)

Insurance company says you were at fault. (so what?)

Insurance company will probably raise rates(well duh, but again, so what)

You have insurance to pay when things get damaged. When they pay, rates go up. The question here is how much?

Until you get the rates for next year, this is all conjecture. dopeslap.gif

You wanna trade your rate increase with my multiple hurricane rate increase? ( chimney blown 10" away from side of house on one hurricane. Claim for that one. Next hurricane took the roof. Almost a year with tarps on the roof until we could get a roofer to even bid on it.) bncry.gif

I thought not. wave.gif

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