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Paying premium for 30 yrs in full,still have to pay for damage?

Asked over 2 years ago - Boston, MA

I had a accident last yr,damage $2200,4 point on driving record,have to pay $400 surcharge for the next 6 yrs,total $2400.
Agent said insurance company had taken care of the damage,the surcharge will go to the MA state insurance department.
1,the damage had paid for,why the state why another payment,they didn't get hit!
2,if the surcharge is legitimate,should't the insurance company pay since i hve pay them app $20000 for the last 30yrs?
3,if driver have to pay for the damage,who need insurance?

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Attorney answers (1)

Kara O'Donnell

Reputation Level 14

Answered almost 2 years ago.

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I'm unsure are to the facts of this case - was it a two car accident?

The insurance company has the right to surcharge you if you are involved in any claim.

They do not give any consideration to how many years you have been paying premiums.

The other driver (if there was one) may have been held to be 51% or more responsible for the accident, which would mean his company would pay after your insurance company subrogated against them.

Even if you were held to be 49% responsible or less, the insurance company still views you as a higher risk than it did previously. Getting the points on your license, which doesn't happen in every auto accident, would only make the insurance company more likely to hit you hard with surcharges, etc.

Kara O'Donnell, Esq.
O'DONNELL LAW OFFICES 857-526-1355
Quincy, MA
www.QuincyLegal.com

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