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Ticket issued for hitting guardrail

by Elizabeth
(Long Island, NY)

On Easter Sunday I was involved in an accident on I-95 in North Carolina (I am a New York state resident).

I was rear ended and hit the guard rail. I was issued a ticket for hitting the rail. My insurance company and the other drivers insurance company, found the other driver completely at fault.

I recently had a check cut for pay off of my totaled car from my insurance and they are in the process of subrogation.

My question is: What do I do about this ticket? I am found not at fault, they are going after the other guys insurance to pay for everything.

Will this ticket somehow find me at fault now? Will my insurance go up?

Should I tell my insurance company about the ticket so they can fight it?


Hello Elizabeth,

You have an interesting scenario here. The ticket will not make you automatically at fault as citations are usually only evidence and not a determining factor on fault. You are not cited for the “accident” but rather cited for a traffic violation (speed, lookout, driving too fast for conditions, etc).

If your insurance company has made an adequate investigation, they probably already know of the ticket (it will be in the police report). The ticket will be used against you later on to adjuster your rates (a ticket shows that you might not be as careful as a driver and they are willing to insured).

Your police outline the rights and responsibilities the insurance company must follow. Most likely than not, the insurance company does not provide coverage for you fighting the ticket. This will be a defense you are likely have to put on your own.

There is a possibility, depending on how your insurance policy reads that could provide coverage for the actual fine. In other words, the insurance company does not have to argue the ticket but might have to pay for it. If your policy says that they insurance company will pay for anything you are legally require to pay because of the accident, the ticket might be covered under this clause.

Please see our section on how to read an insurance policy to guide you on that process.

I hope this helps
Good Luck,

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