My Ins.Co. paid for accident damage NOT my fault!

Submitted by legat on Sun, 10/12/2008 - 22:16

Last September a driver took my right of way, cutting me off, so to speak, in sideswiping my car, cutting in front of me, coming from the left side out of nowhere to get into a parking spot on the right side of the one-lane road; thus impacting on my car on the left front side at the left blinker light (no claim filed). Her car was damaged between the right front and rear door. My car: a heavy 1987 Lincoln, her car: a 2006 Toyota.

My last contact with my insurance company about this matter on September 24 revealed,
that my insurance company after reading my submitted report and viewing the photos taken of the damaged car, that their decision was: NO FAULT of mine and that this was entered into my insurance company's imaging system. That was the last communication with my insurance company.

Now, 13 months later, we receive a letter from our insurance company, in which they inform us that this first accident by me has been forgiven because of my excellent driving record, but has been entered into my car's insurance record.

When I called, because I could NOT believe this and thought that a mistake had been made, I found out that, indeed, my insurance company paid the other driver's damage AND for medical expenses, totalling $6,400. When I protested and said that my insurance company should have never paid, because it had been so obviously the fault of the other driver, and that I never was informed or interviewed in regard to this matter, I was told that it does not matter now, because the claim by the other driver had been paid.

How may I fight this injustice? I might not be involved in any other vehicle accident, but we all are human. And even though, I have an over 50-year accident free driving record, I do not like such an entry on my file.

Any help you may be able to give me is greatly appreciated.

With friendly regards, Chris

Posted: 12 Oct 2008 11:15 Post Subject:

Bottom line, your insurance company can settle claims as they see fit. It has to be this way.

Have you asked them why and what information they used to come to that conclusion? If you find that they perhaps paid the claim when they should not have, you can ask your agent to request that the insurance company review the information and remove this as a chargeable accident on your history.

Posted: 12 Oct 2008 11:55 Post Subject:

Apparently, the driver of the other car convinced your insurance company that you were at fault (some percentage of fault).

I would do what tcope suggested. Ask your insurance company what conclusion they came too after their investigation.

Posted: 13 Oct 2008 01:17 Post Subject:

I definately would want to know how they came to that decision if it were my insurance. I see a lot about accident forgiveness. Does all insurance companies offer this?

Posted: 13 Oct 2008 01:21 Post Subject:

What his company did was not actually forgive his accident - it was "entered into his insurance record." I'm not sure what they "forgave.'

Now...my company actually does offer accident forgiveness (I believe we were the first to do this). We won't charge you for your first accident and we won't cancel you because of an accident.

Posted: 13 Oct 2008 01:49 Post Subject:

What his company did was not actually forgive his accident

I think that is exactly what they did. They considered it an at-fault accident but are not changing anything because of it.

Posted: 13 Oct 2008 09:45 Post Subject:

I assure you that insurance adjusters don't just pay a claim to a third party without proof that you were at fault...now if you are absolutely sure that is was a mistake on their part...follow T's advise if you don't get anywhere you can file a complaint with your states dept of ins....I personally would contact the adjuster on the claim and ask that they explain to me what the reason behind their acceptance of liability was based on....

Posted: 13 Oct 2008 10:39 Post Subject:

I would ook into it. Even if it was forgave because if this company your insured through does have accident forgiveness then you just used it for nothing.. .. Not only that it was your insurance and I would want answers.

Posted: 13 Oct 2008 01:44 Post Subject:

Now, 13 months later, we receive a letter from our insurance company, in which they inform us that this first accident by me has been forgiven because of my excellent driving record, but has been entered into my car's insurance record.



It doesn't say he wasn't charged for it - so I'm not sure about that. My assumption is, that if it has "been entered" into his insurance record, they are going to eventually consider it.

The fact that it is entered into his insurance record is changing something - changing from never having an accident to having an accident.

Posted: 13 Oct 2008 02:46 Post Subject:

It doesn't say he wasn't charged for it - so I'm not sure about that.

Now, 13 months later, we receive a letter from our insurance company, in which they inform us that this first accident by me has been forgiven because of my excellent driving record, but has been entered into my car's insurance record.

Posted: 14 Oct 2008 06:42 Post Subject:

So he wouln't have been forgiven if he wasn't charges in the first place?

Posted: 14 Oct 2008 06:49 Post Subject:

We were speaking of charged as in his insurance company holding the accident against him/her... not charged as in issued a citation.

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