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Car accident due to city's failure to keep road - My rights?

by Manuel

I had an accident on my street going down the road i hit a car because the street had not been treated with salt the ground was all ice.

The police officer that took the report had included this information not to mention he too also slid on the ice. Anyway there was major damage to both cars.

My insurance company paid the other guy 3000 for his damages and now i have points taken off my license.

Can they do that? Technically it wasn't my fault and the police report states that the accident was from inclement weather


Hello Manuel,

Your insurance company is paying damages to the other party because they have mark you at fault (probably 100%). Remember that even if the police report says one thing, the policy report is only evidence.

Fault is the result of negligence. In most of U.S. jurisdictions, the weather and climate is not negligent for an accident. Usually, insurance companies "tag" fault to the drivers that get in accidents when the weather is really bad.

The theory is that if the weather is really bad, then the reasonable driver should drive with extra care (i.e. slow down), or simply not drive. The fact that a driver gets in an accident because of weather strongly suggest that the driver was going too fast for conditions and/or some other negligent circumstances.

You asked if they can do this? Even if you disagree and have strong arguments, the answer is, yes they can. Most auto policies have the right of settlement clause. This clause allows insurance companies to determine fault and settle claims as they see fit.

Good Luck,

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