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  1. #11
    Join Date
    Oct 2018
    Posts
    5

    Default Re: Car / Bicycle Collision

    Quote Quoting adjusterjack
    View Post
    Where do you get the idea that you could have appealed the insurance company's fault decision within 30 days?

    I just read my sample of a CA auto insurance policy and there is no provision for appealing a fault decision.

    Is there a separate endorsement to your policy that says that or is it a statutory thing?

    I would like to update my reference material if there really is such a thing.

    Generally, though, to overturn a fault decision you would have to sue the bike rider and get a judgment that the bike rider was at fault.
    I called my insurance company recently, and they told me that I had 30 days to appeal the decision after it was made, and that it has expired.

  2. #12
    Join Date
    Mar 2013
    Posts
    16,121

    Default Re: Car / Bicycle Collision

    Quote Quoting BPerson
    View Post
    I called my insurance company recently, and they told me that I had 30 days to appeal the decision after it was made, and that it has expired.
    OK. Guess you're out of luck then.

    I don't see you winning a lawsuit against your insurance company.

  3. #13
    Join Date
    Oct 2018
    Posts
    5

    Default Re: Car / Bicycle Collision

    Quote Quoting adjusterjack
    View Post
    OK. Guess you're out of luck then.

    I don't see you winning a lawsuit against your insurance company.
    Yeah, I gave up. I can only hope that if my new insurance company raises my rates after next renewal, it will not be as much as it could be, since they did not pay out the settlement like my previous insurance company did.

    If I appealed during the 30 day period, perhaps I would have had a case, and stood a chance at getting it reversed, but you are right, my 30 days are up, and its too late.

    At the time, I was not even aware of the appeal process, and that it was 30 days. I have had a handful of accidents over the last 15 years, and I was only deemed at fault on one of them before the last accident, which was about 12 years ago, and it was a fender bender, that I accepted blame for, and I did not appeal. All the other accidents other than my last accident, I was never judged at fault, so I was not even aware of an appeals process, since I never had to deal with it. I guess I know better now. Hard lesson learned.

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