Hit By A Racer

by Dan
(San Diego, CA)

I was doing about 80-85 mph on the highway (I did admit I was over the speed limit). One car attempted to get in front of me who was speeding and put me into the guard rail. Witnesses say I was racing the car (which I was not).

But the police report says I was racing a car even though it was another car that sped off. Long story short the police report looks like I was racing a car. He clearly hit me and put me in the guard rail.

Will the insurance deny my claim because of racing? I have no proof that I wasn't. All the proof (at least by the police report) makes it look like I was racing. Will the insurance deny my claim? I did admit I was speeding... but it was wrong place and wrong time. Should I be worried?


Answer:

Well Dan,

Yeah you should worry about this. I am sorry for being the barer of bad news, but you want my honest answer, so here you go:

Most insurance policies that I have come across have denial clauses for racing (street racing or otherwise). Some polices do not have this, and at this point, you better hope that you do not.

What happens if you do?

Well, the insurance company does have evidence that you were speeding (the police report), which you can argue with, but this can definitely put you in a bad situation. If they say you were racing, did they give you a ticket? I would assume that they did, at least for speeding. If they did, you got (you must) dispute it.

You need to attack their evidence.

1. You were not racing, so you will have to go in and talk to the judge and have this change. It is hard to do but, I think you have no choice here. I would get this eBook, to learn how to dispute and talk to a judge.

Your objective is not “dismiss the ticket” but to have it clearly stated that you were speeding and not racing. Do explain to the judge that you have insurance issues, and that given the evidence, there cannot be evidence where a reasonable officer can conclude you were in a racing match.

2. When you talk to your insurance company do not admit to racing (of course), and try to not be in a recorded statement. Read more about that here. http://www.auto-insurance-claim-advice.com/Recorded-Statement.html.

Remember that you have the burden to show that you had a loss (you had an accident). Then that burden is shift to the insurance company to show that the exclusion applies (again, with a police report against you, that might be all they need). However, it is their duty to show that you were speeding “by preponderance of the evidence”

What does the other driver say? Does he say you were racing? You probably should talk to a lawyer also. If you do not any, visit: http://www.auto-insurance-claim-advice.com/find-a-lawyer.html


What if you do not?

Well, you are closer to coverage here (should not worry as much). You still need to dispute the evidence. Your rates will sky rock! The best thing here (other than dispute the police report) is to get an insurance quote. You should do this anyway (even if you do have this clause in your policy).

Getting a quote can help you “lock in” rates with other carrier. It is best to get it even when the claim is pending (some carriers will honor the quote up to six months after – by then, the racing issue might be all over your records). Try to get as many quotes as you can so you at least can secure future coverage. To get a quote, visit:

http://www.auto-accident-blog.com/go/auto-insurance-quotes.php

I hope this helps,

Good Luck