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Complaint 16 of 20 in "Fault and No-Fault Issues"
Insurance Carrier: Farmers Insurance
I was driving west on NE 46th in OKC and a car in front of me suddenly swerved into Oklahoma St., swung around back to the left in a U-turn and crashed into me as I went by. I called the police and the other driver told the police and Farmers Insurance that she was simply turning left into a business and I hit her while I was going around. Farmers found me in the majority fault and I had to pay the $1,250 deductible. They did not bother to get a copy of the police report. I sent them a copy of the report, which shows that the policeman did not believe the other driver and it shows that she attempted to make a U-turn in front of me. Farmers refuses to change their conclusion and the adjuster told me I am lucky they didn't find me at greater fault. I am afraid now that they will raise my rates for a claim that was not my fault.
Insurance Expert Answer:
The insurance company wasn't there so it has to make these decisions on the basis of its own investigation. While insurance companies try to work out "rough justice"; they are not like courts of law, and as we know from the OJ Simpson cases, even courts and juries often make mistakes....If your policy provides a right of appeal, or if your state's laws and/or the carrier's rating plan gives you some appeal rights, you might try that. But from here it's going to be a chargeable accident and your carrier undoubtedly WILL raise your rates. Even if "that's not fair" that's the way it is. (Something similar happened to my daughter earlier while driving this week.) How to reverse this perceived unfairness? You might consider suing the other driver for damages your car sustained (assuming it is not paid for by your collision carrier -- if so they have such right) or personal injuries sustained. IF you win, your company likely would regard the court's judgment as determinative. Of course if you lose, or the other driver sues you back claiming injury, you're cooked.