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Any Thing I Can Challenge

Been involved in a traffic accident? Discuss traffic laws here

Any Thing I Can Challenge

Postby Ivor » Tue Nov 22, 2016 11:06 am

I am currently facing consequences of accident, where I was determined at fault, but feel that  is questionable  As i left gas station 5pm on friday rush hour, rainy conditions at busy intersection.  I  was exiting station onto boulevard 40 fedet or so from the intersection crosswalk,  I merged out to the first and then second lane, waved in by motorist, on that inside lane was another travelin traveling 25 mph approaching the intersection.  I emerged and they hit me. on front  left f]driver side I wasdetermined at fault for failing to yield.  I'm okay with that conclusion ,  but felt other driving might have been moving to fast ,  but their drove away with little damage to front bumper that was 1,200.00 repair bill.  However both are reporting major injuries each person will receive 100,000 and I  think it is fraud and my insurance premium doubled .  Now 20 years of safe record is gone.  Is it unusual claim or this a higher sum they are receivin than most.   Their lawye was quick to ask for my coverage limits but he got them to receive to seek 100,000 each.  iF they are fraudulent in their injury claim, can I challenge them or do I have any thing I could do .  they did not go to hospital and damage had been soft tissue, but after being good driver standing for 20 years, I take a big hit in coverage for my vehicle.  They drove away and did not go to hospital that night.  Please is there anything I can do to challenge them. I will have to sell car.  the coverage is now rose to 4,000.00 a year, dounling from last year.

ANSWER: Hi David-

The good news is that your insurance company is covering the cost of the injuries.  I congratulate you on not making the mistake that far too many do and not having minimum required liability coverage.  It sounds like you had 100,000 per person and 300,000 per accident.  If you had the minimum required we would be having a discussion about having a judgement issued against you that could have taken years for you to pay off.  

I have never heard of anyone fighting an at fault determination.  You could always try, but it depends on the evidence against you etc.  

The amount your insurance company settles for is really of no consequence to you as long as it's below your limits.  You will still have an accident with bodily injury on your record.  Sometimes it's more cost effective for the insurance company to pay a claim than to fight it.  

One of the companies I represent is Bristol West and they seem to be more reasonable for drivers with accidents.  $4,000 a year sound really steep if that's the only thing on your record.  

Let me know more about what kind of car or cars you have and the milage you're driving and if there is anything else on your record and I can see if I can find you something for a little less.  Make sure to include your zip code. If you're not local to Sacramento, I can still give you a rough estimate of what Farmers or Bristol West could do for you and then I can refer you to a local agent in your area. [email protected]

---------- FOLLOW-UP ----------

thank you for your response.  I have one car but it is a BMW 325ci(model year 2004).  Yes, i do carry above the minimum because I own a home, and now I understand how important the extra coverage is.  But I suppose I was wondering if there is chance of showing that the claim is fraudulent, but suppose the point is that it won't change the factors on my rate.  I thought the amount of claim being paid out might also be contributing to increase.  As for driving record, no I have accident(at fault) and the infraction that came with it.  No other marks on record.  have had good driver discounts for most of the past  20 years.  I have had couple moving violations that I can recall, a speeding ticket that resolved through traffic school and i think a red light violation once and that too was handled with traffic school.  My record is good.  Nothing else, but I am male and single.  I have checked other vehicles and seems all have significant premiums.  I am thinking to sell but I'll take a slight loss most likely if i do with taxes and fees factored in.  My work is very close 4 to 5 miles and I have light rail two blocks from my house that goes to work or other commute options so my annual miles is low. I never have to drive for work and if i do, i have car that is provided by employer.  At home, I have a garage too that adds security.
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Any Thing I Can Challenge

Postby ji85 » Sat Nov 26, 2016 10:52 pm


I did a quote for your car based on one recent accident - Farmers does not count a citation that was given as the result of an accident.  It came out at about $2640 a year.  This varies by area so let me know where you reside and I can be more exact.  

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