You've pulled into the local grocery store. It snowed the night before so the parking lot conditions are icy and dangerous. The plows have piled the snow up so high, you can't see over them. You're using all those years of driving experience just to keep from skidding into something or worse, someone!
You grab some goodies inside and manage to get yourself back into the vehicle without incident, hurray. You look over your shoulder to make sure the coast is clear and start backing up...That huge snow bank isn't helping matters either...
BANG, CRUNCH, RRRRT... WHAT WAS THAT???
You look again and suddenly there is a full size cargo van stopped directly in your path. "OH MAN" you say to yourself. Where did that guy come from? He wasn't there a second ago.
After assessing the damage, the driver of the van says "I saw you backing up. I tried to stop but I slid right into you".
The police come and take a report. It states you were backing up and struck the other vehicle. "But Officer, the ice, the piles of snow... it wasn't my fault"!
Am I going to get surcharged by my Massachusetts car insurance company? Most likely, Yes.
Insurance companies use "reasonable standards of fault" to help them make calls like this. That means if you were backing up, then you're at fault. It means if you rearend someone, then you're at fault.
The insurance company uses the police report as a major factor in determining what's what as well.
They look at several factors before ultimately making a decision to surcharge based on your percentage of fault. (50%-50% is the best outcome, then no one gets surcharged!)
If you are found to be more than 50% then you will be penalized. Depending on the amount of money paid out by the insurance company will determine the number of "points" you are assessed. Points are to punish you for bad driving. Points = more premiums!
There is an appeals process if you feel as though there were mitigating circumstances in the collision that could vindicate you, like snow and ice.
You will be notified in writing by the insurance carrier that it has been determined that you caused the accident and therefore are going to be surcharged.
YOU ONLY HAVE THIRTY (30) DAYS TO SEND IN YOUR APPEAL NOTICE, after that NO more appeal.
When you appeal the case you are given an opportunity to plead your case in front of the Merit Rating Bureau. This is the only organization that can make the surcharge go away.
Take pictures, get witness statements, weather reports, any detail that might help prove your innocence.
It might take two (2) years to get your day in court. You have to pay the increased premium the entire time. If you are able to prove you were not at fault, the points drop off and you can request return of your increased premium during that time.
www.jmdins.com Real answers to real problems!
For more than "37" years J.M. Doherty Insurance Agency, Inc. "Steering you in the right direction"
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