Appealing a Decision
I was recently involved in a non-collision accident, and after reviewing the statements, the insurance adjuster informed me that I am deemed 40% at fault while the other driver is 60% responsible.
The other driver failed to yield at a stop sign and entered the roadway without warning. I suspect my percentage of fault may be due to my statement not mentioning that I applied my brakes—I thought that was implied. Is there a way for me to appeal this decision? I have a police report documenting the incident.
It sounds frustrating to feel like the decision doesn’t accurately reflect the circumstances of the accident. Here are some steps you can take to appeal the decision:
Review the Insurance Company’s Explanation: Carefully read through the findings provided by the insurance adjuster. Understanding their reasoning for assigning you 40% of the blame can help you structure your appeal.
Gather Evidence: Since you have a police report, that’s a great start. Review it to ensure it supports your account of the incident and highlights the other driver’s failure to yield. Additionally, if there are any witness statements or photos from the scene, those can be helpful.
Prepare a Written Statement: Draft a clear and concise appeal letter to the insurance company. In it, present your case logically, emphasizing the actions you took (like hitting the brakes) and the other driver’s negligence (not yielding).
Include New Evidence: If you’ve found any additional evidence or recall details that you didn’t provide during your initial statement, include that in your appeal.
Contact an Insurance Advocate or Attorney: If the situation is complex or you feel overwhelmed, you might consider consulting with an insurance advocate or attorney who specializes in these matters. They can provide professional advice and guidance.
Follow Up: After submitting your appeal, follow up with the insurance company to ensure that your appeal is being reviewed and to express your continued interest.
Keep in mind that every insurance company has its own procedures for handling appeals, so be sure to follow their guidelines carefully. Good luck!