Amano

About two months ago, I was involved in a car accident. I was on the freeway on a rainy day, when I lost control, and damaged my car, but did no damage to either public property or any other vehicle. In all honesty, I do not know whether it was caused by a flat tire, or if it truly was my fault in going too fast. Also, police did come to the scene, but no report was filed.

Insurance covered the damages, but I received a letter today stating that their investigation into the incident has been completed, and that I am at-fault for the accident. The reason they gave was that I was "driving too fast for the road conditions." However, the issue I have is that when I called to make the claim, ***they did not ask, nor did I tell them how fast I was going*** and I feel that it is wrong for them to make the conclusion that I was indeed driving too fast.

When I made the claim, I told them exactly this: I lost control of my car while on the freeway on a rainy day, and I'm pretty sure it was caused by a flat tire. Like I said, I made no indication of how fast I was going, neither a qualitative nor a quantitative judgment on my own speed.

So, is this something worth contesting? I don't see how they could have made the judgment call that I was driving too fast when they never asked how fast I was going. Based on the information I gave them, I could have been going at 25 mph!

And, if I do contest it, and they do find that the accident had been caused by a flat tire, would it still be considered according to the insurance "my fault"? Because if so, then maybe it wouldn't even be worth my while to contest it, if I just change it their "judgment" to something else that would still have the same effect on my insurance rates.

Also, I don't know if it matters, but this was in California

Thanks for the help!

Cynthetiq

I would contest it based on lack of facts that they did not have.

The need to clarify what "driving too fast for the road conditions." While you may not have any idea what speed you are going, forensics if they were done at the time of the accident would tell what the speed you were travelling was based on skid marks.

While you did not expressly tell them what your velocity was, you need to challenge them since it will be money out of your pocket. There is no double penalty that I know of for challenging them.

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Master_Shake

Some questions:
How much damage to your car?
How much is your deductible?

Since you've reported the incident, it's likely they'll raise your rates for an at-fault accident (maybe even more than if it wasn't your fault). I don't see how you've got anything to lose by contesting it.

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cj2112

Their finding is based on the fact that if you lost control of your vehicle and had an accident, that you were driving too fast. Plain and simple, whether you had a tire go flat or a unicorn jump out in front of you, if you struck something with your vehicle while not being struck by another vehicle, you are at fault. Regardless of whether a tire went flat or not, you were unable to maintain control of your vehicle at the speed you were traveling. Sounds kinda harsh I know, but that is how the insurance company is going to look at it.

dy156

They'll use anything and any excuse not to pay. That's how insurance companies make their money. If the damage is less than the deductible, well, you shouldn't have reported it. Just suck it up. If there's alot of damage, a simple nice letter saying that you disagree and that it was the fault of a road condition might bump it up to the next level and they'll pay, assuming they've just denied the claim as a matter of course. The squeeky wheel gets the grease. (Assuming it really wasn't your fault.) Your rates will be going up, regardless. Then again, your rates would be going up anyway, too. Have I mentioned that I work with insurance companies alot and I really hate them? It also depends on the quality of your insurance. Top of the line, such as Farmers or State Farm are better about accomodating squeeky wheels that have been with that company for awhile. Cut rate carriers will really try to screw you the more you "cause trouble."
Talk to the adjuster and see if you can get a read on him/her. This little peon that thinks he/she is cool because they have a palm-pilot strapped onto their belt has a whole lot of power, believe it or not. They can either help or make your life suck. The main thing they want is just to have this claim handled and over with. So be nice to them, unless they won't help you, then be nice to their supervisor and try to make them look bad to the supervisor. (unless it's a cut-rate carrier, and even then, you're still screwed.)
Do not threaten to sue, whatever you do, because then the claim will get bumped up to a litigation adjuster, and they will do everything in their power to not pay. If the damage is REALLY bad and they won't pay, there are laws in most states that prevent the insurance company from screwing you, but it's probably not worth it.

Master_Shake

I wonder if the insurance company would consider that an "act of god". Regardless, if you encounter mythological beasts on your commute to the Dairy Queen you should probably be compensated for your trouble.

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hrdwareguy

Agreed. You were the only car involved in the accident so you are at fault. Doesn't matter the reason you had an accident, it is still an at fault accident. Any accident caused by you no matter what the road conditions can be lumped into driving to fast for road conditions. Even if you did have a flat tire, you were still unable to maintain control of your vehicle, probably partially due to the wet roads. Therefore you were unable to maintain control on wet pavement which means you were driving to fast for the road conditions.

Life's a bitch. Insurance companies have to make money some how. Prepare for the raising of the rates.

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guthmund

There doesn't seem to be any chance of all of successfully contesting the insurance company's determination.

That being said, since the can't 'punish' you for questioning that determination, you might as well contest it. I mean, even a small chance is still a chance, no?

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kutulu

Even if you are sucessful they will still find a way to raise your rates. Honestly, I can't blame them. Freak accident or not, it's still your fault.