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gradrymental · Nov 14, 2006, 12:49 PM

Recently in a "blizzard" when I was driving home I couldn't see through the snow. Next thing I know, a tree is down in the middle of the road, and a thick branch was strong enough to scrape into the side of my S10 along the rear quarter panel, indenting it with a scratch about 3-4 feet long. Is this a nofault accident, or would this be considered my fault. I think the insurance company just wants me to forget about it, because they said it was MY FAULT!? That just doesn't sit right with me, because it was the WEATHER/Act of God. It really looks bad, and I "take pride in my ride".

Advice and/or my rights? Some one please help!

valinors_sorrow · Nov 14, 2006, 12:54 PM

There may be an appeals process to further press your claim but you'd have to inquire with your insurance company. And you might also look into what happens if you take it as your fault. My company would fix the car anyway but it would tarnish my otherwise pristine record for which I get nice discounts. It is how insurance works.

excon · Nov 14, 2006, 02:28 PM

Hello grady:

Fault shouldn't be an issue. Clearly, since you have pride in your ride, you have collision insurance. Once you pay your deductible, the insurance company should pay the rest even if it was absolutely your fault.

What is the purpose of collision insurance if they only pay when it's not your fault? Usually when it's not your fault, there's another driver who is at fault. What would they tell you if another driver hit you, collect from the other driver?

I think I'd shop around for a new carrier.

excon

PS> (edited) Wait a minute. I see that you think they should pay under your no fault insurance coverage Nope. That's when you've been hit by someone, who is at fault but has no insurance. Sorry.

Fr_Chuck · Nov 14, 2006, 04:32 PM

Ok, it is not "your fault" as in you did anything really to cause it.
They could say that driving on a day like that would be the cause and that someone with wisdom would have stayed home

They could say you should be going slow enough to stop if something is in your path. ( good thing it was a tree not a child)

But normally they class accidents into two classes, when it comes to collission, ones they pay for and ones someone else pays for.
When they pay for it, they consider it your fault in one way or another.

And normally any claim they pay for, goes against your insuance claims record

If it was an "act of God" they don't even have to pay, since normally a act of God is excluded from most policies. ( God gets blamed by far to many accidents)

But your collision coverage would pay for it, minus any deductable you have. So how much to have it fixed, and how much is your deductable.

But claims like this can cause your insurance to go up ( any claim they pay will do that)

RichardBondMan · Nov 14, 2006, 07:03 PM

Originally Posted by gradrymental

Recently in a "blizzard" when I was driving home I couldn't see through the snow. Next thing I know, a tree is down in the middle of the road, and a thick branch was strong enough to scrape into the side of my S10 along the rear quarter panel, indenting it with a scratch about 3-4 feet long. Is this a nofault accident, or would this be considered my fault. I think the insurance company just wants me to forget about it, because they said it was MY FAULT!!!!?????? That just doesn't sit right with me, because it was the WEATHER/Act of God. It really looks bad, and I "take pride in my ride".

Advice and/or my rights? Some one please help!!

Who was driving the car that had the choice on not going near the tree?

RichardBondMan · Nov 14, 2006, 07:15 PM

Originally Posted by gradrymental

Recently in a "blizzard" when I was driving home I couldn't see through the snow. Next thing I know, a tree is down in the middle of the road, and a thick branch was strong enough to scrape into the side of my S10 along the rear quarter panel, indenting it with a scratch about 3-4 feet long. Is this a nofault accident, or would this be considered my fault. I think the insurance company just wants me to forget about it, because they said it was MY FAULT!!!!?????? That just doesn't sit right with me, because it was the WEATHER/Act of God. It really looks bad, and I "take pride in my ride".

Advice and/or my rights? Some one please help!!

Reading your question again and couple of others' answers, here's a 2nd thought -- you said you "THINK" your ins co just wants you to forget about it - are you saying they told you the damages appeared to be under your deductible ? - if so, they what they are telling you is sure you can go get an estimate, then submit it to them, but it's under your deductible, so why hassle with all that when they are not obligated to pay if it's under your deductible. Sure you can can go shop for another carrier like another person answered, but are they really treating you unfair ? No, I don't think so, read you policy, you chose the deductible right? If the damage is over the deductible, then how much ? You got to decide if you want them to pay the amount over your deductible, i.e. is it worth filing and perhaps having your insurance premium increase on renewal ?

wildcatgirl · Nov 14, 2006, 07:23 PM

Originally Posted by RichardBondMan

Reading your question again and couple of others' answers, here's a 2nd thought -- you said you "THINK" your ins co just wants you to forget about it - are you saying they told you the damages appeared to be under your deductible ? - if so, they what they are telling you is sure you can go get an estimate, then submit it to them, but it's under your deductible, so why hassle with all that when they are not obligated to pay if it's under your deductible. Sure you can can go shop for another carrier like another person answered, but are they really treating you unfair ? No, I dont think so, read you policy, you chose the deductible right? If the damage is over the deductible, then how much ? You got to decide if you want them to pay the amount over your deductible, ie is it worth filing and perhaps having your insurance premium increase on renewal ?

I agree. Or it could be an issue that there is liability coverage only. Either way, if it is just a scratch and the rear quarter panel has to be repainted, you're maybe talking $300-$400? If you're carrying a $500 deductible, it's not only not worth turning it in, but I wouldn't even mention it to them.

RichardBondMan · Nov 14, 2006, 07:24 PM

A third thought, and I am through on this one, ins companies DO pay for "acts of god", i.e. lighting struck your house and it burned to the ground, yes, it's covered, a tornado leaves your home's foundation and nothining else, yes, it's covered. A flood totals your vehicle say parked in downtown New Orleans during a hurricane, you have comprehensive coverage, yes, it's covered, and on and on, I don't quite agree that acts of God are not covered, but do agree that God is blamed for too many accidents.

s_cianci · Nov 19, 2006, 05:46 PM

Do you carry comprehensive coverage on your vehicle (generally sold as a package along with collision)? If so, that is the category under which such an accident would fall. The insurance company would be required to pay the cost of repairs, less the deductible. Your rates may go up as a result but if the damage is substantial (and it sounds like it is), then it may be worth it.