Finding of fault in collision

E

Eph512mom

New Member
Jurisdiction
Tennessee
About a month ago, I struck an object on the freeway. The object was a tractor air bag if that means anything. It's large. It was knocked in front of my car by another car. I never even saw it. The other car sustained much more damage and had to be towed away. The object got stuck under my car so I had to have roadside assistance to lift my car so it could be removed but I drove away. I have front bumper damage. Neither of us filed a police report to my knowledge.

I expected it to be covered under my comprehensive coverage, but my insurance company is calling it an at fault collision. I have a much higher deductible so I won't be getting it fixed with my insurance. My insurance renewal premiums went up $40/month. Nothing was paid out by the insurance company for the damage. They would not let me cancel filing the claim once I started it and they told me it would be a collision. I informed that I dispute the finding of fault right away and they "investigated" and nothing changed.

Is there a path to resolve this so that I don't have an at fault collision for something that was completely unavoidable and due to another unknown person's negligence? Is it possible to file a police report? I still have the object. I also took a picture of the other car to capture the license plate.

Tennessee
 
Eph512mom said:
Is there a path to resolve this so that I don't have an at fault collision for something that was completely unavoidable and due to another unknown person's negligence? Is it possible to file a police report?
Click to expand...



Report to Law Enforcement

If you're involved in a vehicle accident, chances are you're going to need to report it to your local Tennessee law enforcement agency.

Why?

All accidents that involve personal injury, death, and property damage that exceeds $50 must be reported. Let's face it: Most automobile accidents cause more than $50 in property damage.


Report to the Tennessee Department of Safety

The Tennessee Department of Safety classifies certain accidents as "reportable." This means anyone involved in these kinds of accidents must report them to the DOS.
Such reportable accidents include those that involve personal injury, death, and property damage that exceeds $1500. You report an accident using the Owner/Driver Report (Form SF-0395). This form is available online, at a law enforcement agency, or your local Highway Patrol office.

Note that you must report the accident within 20 days of the accident. Failing to report a "reportable" accident could cause your driver's license and/or your registration to be suspended.

Insurance Requirements
After the accident has been reported to the DOS, you must show proof of adequate car insurance, unless you have notarized releases from each person involved in the accident.
You can claim financial responsibility in one of following ways:
  • Show proof of insurance from your auto insurance company.
  • Post a surety bond or cash in the amount that covers all damages. (Post the bond or provide the cash to the DOS.)
If you can't show proof of insurance or post a bond or cash to the DOS, not only will your driver's license be revoked; your vehicle registration will be revoked, too. They'll be reinstated once you have an insurance company file an SR-22 Form.

Handling a Vehicle Accident

Accident reports aside, there are other ways in which you must handle a car accident. Below are a few tips to help you get prepared:
  • Stop your vehicle at the scene of the accident or, if you need to unblock traffic, as close to the scene as possible.
  • Make sure all vehicles involved are turned off.
  • Call the nearest law enforcement agency.
  • Exchange information with the other driver―names, addresses, telephone numbers, driver's license numbers, vehicle registrations, and car insurance information―and then wait for help to arrive.
If someone is seriously injured, you should only administer basic first aid assistance, i.e., covering the victim to keep him warm, wrapping wounds with clean material, or administering CPR.

Never move the victim unless it's absolutely necessary for his safety. If you do, make sure you keep him in the same position. In other words, don't drape him over your shoulders; don't bend his neck, waist, or knees; and don't drag him.

www.dmv.org

Tennessee Accident Guide - Steps After An Accident | DMV.ORG

Find the steps you need to take if you're involved in a car accident in Tennessee.
www.dmv.org
 
Eph512mom said:
my insurance company is calling it an at fault collision
Click to expand...

It is.

Eph512mom said:
Is there a path to resolve this so that I don't have an at fault collision
Click to expand...

No.

Eph512mom said:
Is it possible to file a police report?
Click to expand...

Sure. Won't do you any good, though. Police reports are not "evidence." The officer just writes what you tell him. Any opinion he writes is meaningless.

Now is the time to buy a dash cam. A video showing the object coming at you might have made the difference.

BTW, if you don't like your deductible, buy a lower deductible.
 
Eph512mom said:
I expected it to be covered under my comprehensive coverage, but my insurance company is calling it an at fault collision.
Click to expand...

Collision is the correct coverage, but I'm confused why your insurer would deem you to be at-fault.


Eph512mom said:
I have a much higher deductible so I won't be getting it fixed with my insurance.
Click to expand...

Higher than what?

And...do I have this correct: Assuming the cost of repairs is $X and $Y is your deductible, and assuming X>Y, you'd rather pay $X than $Y? Or is my X>Y assumption incorrect, or are you saying you're not going to get the repairs done at all?

As for the rest of your post, there is likely no practical way to reverse the at-fault finding, and you can't "unreport" something.
 
adjusterjack said:
Failure to control vehicle.
Speed not reasonable for conditions.
Failure to keep a safe distance.
Click to expand...
In the situation described by the OP, an object was flung into her car by another vehicle that had struck the object. This isn't a matter of the OP simply not seeing the object and hitting it.
 
PayrollHRGuy said:
The OP wrote... " It was knocked in front of my car by another car. "

That sounds like it was moving to me.
Click to expand...
...and that's how I read it as well, but it's possible that it was knocked in front of her and that it stopped before she hit it.
 
Eph512mom said:
Is there a path to resolve this so that I don't have an at fault collision for something that was completely unavoidable and due to another unknown person's negligence? Is it possible to file a police report? I still have the object. I also took a picture of the other car to capture the license plate.
Click to expand...

I see three possible avenues to get at least some compensation for this:
1. File a complaint with the Tennessee Department of Commerce and Insurance, Division of Insurance.
2. Sue the driver of the other car for cost to repair your car and the present value of the increased premiums. You'd have the burden of proving who the other driver was and proving that it was more likely than not that the driver was negligent and it was that negligent that lead to your damages.
You may be able to file the lawsuit in small claims court.
3. Shop around to see if you can find a better deal on insurance than you have now.
 
Zigner said:
In the situation described by the OP, an object was flung into her car by another vehicle that had struck the object. This isn't a matter of the OP simply not seeing the object and hitting it.
Click to expand...
Yes the object was moving. It was broad daylight in light traffic. The other vehicle was not in front of me, the object was knocked in front of my car. I never even saw it. It has been more than 20 days.
 

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