I was in a chain reaction type accident in Oct 2015. Four cars in line; I was 2nd from front. Car 4 struck car 3, which then struck me and I stuck car 1. I felt multiple impacts. Cars 1, 2 and 4 all covered by same company. Spoke to claims adjuster shortly after accident and no contact after initial interview. Went to renew policy beginning of May 2016 and find out that I was given partial fault for accident. Complained to adjuster and he said that determination was made that I impacted car 1 before I was struck by car 3 since a) car 1 driver said she felt multiple impacts and b) witness said he saw all impacts in succession (car 4 into car 3 into car 2 into car 1). Premium increased by about 50%. Adjuster's supervisor is reviewing claim now. However, my policy has lapsed now--can't afford increase and refuse to renew until this claim is settled. Getting insurance elsewhere, but this accident and my insurer's assignment of responsibility to me has caused rates to increase with other companies, as well.
Your best bet may be to gather whatever evidence you can including affidavits from the other drivers and witnesses and resubmitting same first to the adjuster and to underwriting at your insurance company in order for them to reconsider their analysis and if that fails, submit this packet to the next company you wish to try to get coverage from. I do not believe legal action would be able to coerce the finding you seek. Confirm with local counsel.
You have little to no chance. You've done what you could by contacting the supervisor. Since you apparently were not injured there is no reason to get an attorney. Your only issue is the increased premium. Shop around.
This is the price you pay for self lawyering. YOu should have hired a lawyer from the beginning to address this issue properly.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
When you represent yourself, you are at a huge disadvantage. Your insurance company, pursuant to the terms of your contract with them, are authorized to settle cases on your behalf without your approval. Unfortunately, your insurance company has already determined that you are partly at fault. In the future, contact an experienced personal injury attorney immediately an let them provide the information to your insurance adjuster which will allow them to make an expedient, and fair, investigation and fault determination.
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