Appealing a Decision
I was recently involved in a no-collision accident, and after the insurance representative reviewed the statements, I was informed that the fault is attributed 60% to the other driver and 40% to me.
The other driver failed to yield at a stop sign and entered the road without caution. I believe my 40% fault may stem from my statement, where I didn’t mention that I hit my brakes—something I assumed was understood. Is there a way for me to appeal this decision? I have a police report that documents the incident as well.
It sounds frustrating to receive a percentage of fault that you believe is unfair given the circumstances. Here are some steps you can take to appeal the decision:
Review the Report: Double-check the police report and insurance documentation to ensure all details are accurately represented. Pay close attention to the narrative and any diagrams that might strengthen your case.
Gather Evidence: If you have any additional evidence, such as photos from the scene, witness statements, or even dashcam footage, collect that for your appeal. These can help illustrate that you acted responsibly (like braking) and that the other driver was primarily at fault.
Contact Your Insurance Company: Reach out to your insurance adjuster to discuss your concerns. Explain that you believe the 40% fault attributed to you is due to an omission in your statement and emphasize the fact that the other driver failed to yield.
Submit a Formal Appeal: Ask the insurance company about the process for appealing their decision. They may have specific forms or requirements you need to follow. Include any additional evidence and a clear explanation of why you believe the assessment should be re-evaluated.
Consider Legal Advice: If you feel that your appeal may require more weight, consider consulting with an attorney who specializes in auto accidents or insurance claims. They can provide guidance specific to your situation and help improve your chances of a successful appeal.
Stay Persistent: Follow up after submitting your appeal to ensure it’s being reviewed. Sometimes a little persistence can make a big difference in getting your case reconsidered.
I hope this helps and you’re able to reach a fair resolution!