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  1. #1
    Join Date
    Jan 2007
    Posts
    17

    Default Car Accident road conditions who is at fault

    My father was recently in a car accident in MA.

    The road was icy and he was going up a steep hill. Not speeding by any means. He then started to slide which turned into a spin and eventually flipped his truck several times and ended up on the side of the road.

    The insurance company is giving him a increase in his premium since they are saying the accident was his fault. They did pay for his truck which was totaled and cost 10K to replace and made his pay the $500 deductible on his collision.
    That was another part I thought was interesting ....they said he collided with the road therefore it was under collision...is that correct?

    While the tow truck and ambulance were at the scene, the town sanded the road 3 times. Doesnt that leave the fault with the town since the road was not sanded?

    How is this accident his fault and why is he getting an increase in premium?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Car Accident road conditions who is at fault

    Drivers have a duty to observe the road conditions and modify their driving behavior accordingly. In the determination of fault by the insurance company, they obviously concluded that your father apparently did not do so in a manner sufficient to avoid a single vehicle accident.

  3. #3
    Join Date
    Jan 2007
    Posts
    17

    Default Re: Car Accident road conditions who is at fault

    Thank you for the information.

    However that makes me more confused.
    It was black ice, the kind you cant see. He was only going about 25 mph and going uphill.
    No matter what he would have done or what he drove for a vehicle this accident would have still happened.

    So in your opinion he should receive an increase in premium?

  4. #4
    Join Date
    Sep 2005
    Location
    CA
    Posts
    12

    Default Re: Car Accident road conditions who is at fault

    Technically, this accident would be classified as an at fault because a driver is supposed to have control of his vehicle at all times even though the weather conditions dictated his loss of control. Typically when an insurance company pays out a claim, the rates do increase for 3 years to help recoup what they paid out.

    Physical damage to a vehicle is covered under two categories, comprehensive and collision. Comprehensive covers things like glass, animals, theft, vandalism, etc but collision takes in damage that is not covered under comp. His vehicle could have been parked in a parking lot and not occupied, someone comes along and crashes into it and leaves the scene and the damage would come under the collision portion of the policy.

    Unfortunately this accident will follow him even if he switches insurance as all paid claims are filed in a local reporting agency and any insurance company will find this information.

  5. #5
    Join Date
    Jan 2007
    Posts
    17

    Default Re: Car Accident road conditions who is at fault

    I do understand the whole point of control of the car.

    But to your example of the hit and run in the parking lot...he would not receive an increase in premium for that...I know that for a fact since I had a hit and run accident this past summer, a truck on the freeway dropped a pipe into the engine of my car...funny things was though, they put mine under comprehensive so I am curious to your definitions.
    Quote: Comprehensive covers things like glass, animals, theft, vandalism
    So how does a pipe falling into my engine off another vehicle fit that catagory?

    Anyway, I personally feel it was the cities fault for now properly treating his road and there was nothing he could have done to avoid the accident and should not be given a surchange.

    Just was looking for an attorney that maybe specializes in insurance claims for car accidents to give me the law on this kind of situation.

  6. #6
    Join Date
    Sep 2005
    Location
    CA
    Posts
    12

    Default Re: Car Accident road conditions who is at fault

    The pipe falling would come under flying projectile just as a rock hitting your car from the vehicle in front of you and that is under your comprehensive coverage. You would be surprized at what insurance companies surcharge you for. Some are even surcharging for comprehensive claims such as weather and we all know we have absolutely NO control over that! Whether you pay additional premium for a chargable accident depends on what your insurance company's underwriting rule are.

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