Paid Increased Premiums Over an Accident That Was Not My Fault
Hello, I was hoping someone could help me with a problem I have with my driving record (“accident”).
It all starts in 2004. I have a 1988 BMW m3 (fairly rare due to its age, and expensive as all hell to fix), it was around 10pm nice and dark out and I was driving down a new residential road. The neighborhood was new, so there was lots of construction trucks and equipment on the sides of the road, along with nice big clumps of mud and what have you and all the street lights were off (assuming they were not hooked up yet). So I am following a friend down this road, we are driving more to the middle of the road than that right side, just to avoid the trucks and mud, we were going about 30mph. My buddy comes up to a manhole in the middle of the road, it apparently was “dug down” so to speak and several inches of asphalt were taken off around it causing the manhole its self to rise up a bit. He strattles it, and me a few seconds behind do the same. Well my car was much to low to make it, and it shattered my oil pan and broke my steering rack in half causing about a 2 block trail of oil, (I was coasting with the car off trying to figure out what happened) and when I got to a curve I found I was unable to steer my car anymore. I pulled over to find the carnage of what was left of my oil pan and steering rack. Now, the road was dark, there was no lights on, obstructions on the sides of the road causing me to drive more in the middle, no warning signs saying the actual road its self was under construction, no warning sign of the dug up man hole, no cones, no nothing. Also keep in mind my car is 100% stock, I do not have lowering suspension or anything on it. The height of the car is what it was when it came off the assembly line.
A few days later I go to get an estimate to what it would cost to fix my car. IIRC It was around $12,000 enough for the insurance company to total my car. I asked my agent several times before I officially reported it if this would be considered my fault or if my rates would go up because of this, I was told no each time. So I claimed it, collected the money (which is a whole other issue, I only got $5100 which is a joke for this car), bought the car back, and fixed it myself.
Skip to present day
About a month ago I turned 21, I have a pretty long driving record with all my violations and I pay about $210 a month for full coverage through progressive now (I got the boot on my last company). I called up my insurance agent to see what my rates are going to be now. I know I am coming to the 3 year mark to get some tickets dropped off my record and turning 21 should give me a good break too. He lists off my violations to see which ones will be coming off. He brings up my “accident” on Nov 14th 2004, and that it is 3 points on my record and it comes off soon and that will save me a lot of money. I think about this, trying to think of what accident this is. I have only had one accident and it was last year. Then I realize he is talking about my m3. I had no clue this whole time that this was counting against me, I was under the impression that it was not my fault so I would not be paying anymore for it. Right now I am extremely irritated at the whole situation and how much I have been paying for insurance when I was told it was not my fault. The insurance agent I spoke to said the state of MN listed the accident as being my fault, and there is nothing that they can do it change it. So anything I could do would have to be brought up with the city.
What can I do legally? I would LOVE to have the state pay for my car. When this issue first came up I am fairly certain I maintained my right to sure the state for the damage on my car. I battled insurance for about 6 months to get the $5100 for my car, which I am still angry I took it. They played a lot of word games with me and I just got to the end of my rope, realistically I should have been paid around $10,000 for it.
I really don’t know what I can do or what I should do. Does anyone have any advise for me? Thanks for your time I really appreciate it.
Re: Paid Increased Premiums Over an Accident That Was Not My Fault
Your insurance agent doesn't decide whether or not the state will determine you to be at fault for an accident. You won't be able to sue the state for this, even if it is assumed that their assessment is unreasonable, due to governmental immunity. Also, as you should know the capacities of your car, didn't observe traffic lanes, and intentionally drove over the obstacle which damaged your car, it isn't immediately apparent that the state's determination was unreasonable.
Re: Paid Increased Premiums Over an Accident That Was Not My Fault
One can accidents, which is what this was, are considered at fault. If the road was so bad, then the insurance company looks at it like you take your own risk (meaning you're at fault if something happens) if you drive on it, or you don't drive.
What you have described is not unusual.