I hit the median trying to avoid a car that was parked sideways through the interstate with no lights or reflectors. The car must have been in an accident prior. The owner of the vehicle did not call 911and left the scene. My car was totaled. I was not given a ticket, however, my insurance company is claiming it an "at fault" accident on my insurance record. My insurance premium has gone up quite a bit. I need to prove to my insurance company that the car parked in the interstate is the one that caused the accident.
You can try to retain an attorney to attempt to force your insurance company to reconsider its evaluation and raise in premiums but, to be frank, your chances of success are not very good. Every driver has the obligation to "see what there was to be seen". Even if the owner/driver of the disabled vehicle should have/ could have, left it elsewhere (unlikely - otherwise it would not have been considered disabled), there is the presumption of negligence is against you in at least sharing blame for the collision into the median, for not seeing taht care in sufficient time to safely avoid it. It can also be said "you had the last clear chance" to avoid the accident but failed to do so. You essentially had a one car accident, which is almost always viewed negatively against the driver of that car. Parenthetically, if you have a clean record for 12-24 months following the premium raise, it can often lead to a re-evaluation and a lowering of the premium. Good luck.
You raise two distinct issues, unfortunately. I have handled many similar cases, and the harms caused especially by trucks on dark roads without conspicuity markings and reflector tape can be catastrophic. These cases are usually always reserved at or near 0 at first, for the same reason you mention - the initial presumption for most people, and definitely most insurance companies is that a person who drives into such an object is primarily at fault. With a good human factors expert you can prove these cases are more akin to hidden booby traps, and the time-speed-distance of a car moving at night makes these essentially unavoidable.
Which brings me to your main problem from your question- your fault has nothing to do with your insurance company's decision to raise your rates. An insurance company can raise your rates for any reason at all, or they do not even have to give a reason. Think of it as a classic contract, they "offer" you insurance, and you can choose whether to "accept" it or not by shopping insurance with a new company if you don't like the rate they are offering you.
So, from experience, you are proceeding entirely logically by thinking that if you can prove to your insurance company that you are not at fault, it may lower your rates, but this is in an illogical world where even if you prove it in this crash, it probably won't have much effect in their rate increase.
It sounds as if you do not have a witness who saw the accident - or any other evidence of the existence of the other vehicle. Absent that type of evidence the insurance company is probably viewing this as a one car accident. Absent some sort of appeal process, but I doubt will be of assistance, I don't believe you will be able to reverse their liability decision. Sorry
My father had the exact same thing happen to him back in 2005. If you want to contact me directly I can email you a complaint form for the State of Michigan Department of Labor and Economic Growth. I think this process still exists. Ultimately, I was able to get the insurance company to remove the fault assessment and ultimately his rates did go down. He quickly changed insurance carrier after this issue was resolved though. I would not recommend changing carriers though until you get the matter settled with your current carrier.
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