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Ran over obstacle on the freeway

by Gloria
(Irvine, CA)

On 11/14/2011 I took my car in for general servicing and the Lexus dealer found that the undercarriage of the car had been completely damaged due to my running over obsticle (wood or metal piece) on the freeway. There was no way I could not run over it without either turning left and running into the cars in the diamond lane or turning right and running into the cars in right lane. The damages took a month to repair and cost $8,000.

The insurance company covered the rental car ($1200) and repairs (with my deductible of $500).

The insurance company said I was "at fault".

I turned the required form into the DMV filling only that portion showing my info; no other car involved.

Today I received my renewal for my car insurance and it has more than doubled. I had expected to have an increase but not to have it doubled.

Question: Where is it written that the car insured is at fault for running over articles, debris, etc. in the road?

Is there a way that I can have the increase in car insurance reduced without going to another insuance company?

Answer to ran over obstacle on the freeway:

Hello Gloria,

Answer to question 1:

As you stated, this is a one vehicle collision. You hit a piece of wood on the highway. Your inability to stop and or avoid is seen as “failure to look out.” Clearly, this is not necessary fair, as it may have been impossible for you to avoid the collision, however, insurance companies are private parties that can use any information they have to adjust their premiums.

They have the right to use this information to double your rates barring any other regulation or requiring statute. If you believe this is incorrect, contact the department of insurance of your state and they will tell you what they can and cannot do.

Answer to question 2:

Talk to them and see. It will depend on your claim history, your credit, how long you have been a client, your traffic record, and many other factors the under writing department will consider. It is a good idea to have a quote from another place that is cheaper and tell them to match it so you can stay with them.

Good Luck,

I recommend this website for a quote.

Thank you
Good Luck,

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