Implications of 100% fault

by John

I was involved in an auto collision (no bodily injury) and the insurance company is finding me 100% at fault.

I was making a left on to a main road from a side street with a stop sign - the other vehicle involved struck from my right.

Damage is to the front of my car and mainly to the side of the other car.

I did not see the other car and it is likely the other vehicle did not see mine - possibly due to parked cars at the curb obstructing visibility.

The claims adjuster admits that they have no evidence either way about the other vehicle and the only basis for the 100% fault decision is the fact that the other vehicle 'entered the intersection'/'crossed a lane' before mine did and I was supposed to yield. The lane in question is 8 ft wide and a vehicle traveling 45 mph would take 0.12seconds(!) to cross that distance.

My questions:

(i) What is the implication of a 100% fault decision on my future insurance premiums and driving record?

(ii) Even if the insurance company reduces the 100% to, say 90%, will it make a significant difference to my record in the long term?

(iii) Both vehicles are insured by the same company - are they legally obliged to assign two separate adjusters to avoid conflict of interest and fairly represent each party?

(iv) Is there an argument to be made that assigning 0% fault to the other party would imply definite evidence of no fault on their side - which doesn't exist.

Thanks in advance for any advice on the above.

Answer:

(i) What is the implication of a 100% fault decision on my future insurance premiums and driving record?

They will increase substantially, depending on how may claims you have. If this is your first claim, consider getting a quote right now from an insurance broker while the claim is pending.

If the rates they give you are good (similar or less to what you have), consider changing insurance companies before the claim affects your rates (remember that accidents can follow you, depending on what kind of reporting insurance companies do).

If the quotes come back at the same rate you have, just stay put. Try this site, they will give you quotes from different carriers at the same time.

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

(ii) Even if the insurance company reduces the 100% to, say 90%, will it make a significant difference to my record in the long term?

Unfortunately no. If you have a claim that is 50% or more at fault, the insurance company considers you 100% for rate purposes.

If you are 50% or more, then you were the party that contributed the most to this accident.

The only thing that would affect this claim is if the 10% difference would make a noticeable impact on your rates if you the 10% is a substantial discount on the amount they have to pay on the damages.

(iii) Both vehicles are insured by the same company - are they legally obliged to assign two separate adjusters to avoid conflict of interest and fairly represent each party?

Yeap! You are correct. There would a huge conflict of interest if they do not. Note, some insurance companies actually give you a discount or waive your deductible when there is a dual policy accident.

(iv) Is there an argument to be made that assigning 0% fault to the other party would imply definite evidence of no fault on their side - which doesn't exist.

You are correct, 0% at fault means they had nothing to do with this accident. It is all on your shoulders.

Good Luck,
http://www.auto-insurance-claim-advice.com/