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Any Legal Precedent Cases I Can Cite to Appeal Insurance Surcharge in Ma

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by billymay, Jul 6, 2017.

  1. billymay

    billymay Law Topic Starter New Member

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    Jurisdiction:
    Massachusetts
    My question involves a insurance surcharge from the state of: MA

    On 1/31/2017, in a snow storm, I slid into a guardrail on a corner when making a left hand turn. I was going about 15mph, if that. Both my wife and I are considered essential personnel, therefore skipping work is not an option. When I was finally was able to get out of work, I went to pick my kids up. about 2 blocks away from my home, the above happened. Police came by and determined they were not going to cite me due to road conditions. I commented to the officer that I was surprised the city wasn't doing more to improve the roads, to which he responded " it's pretty bad out there. Everybody is pretty extended as much as possible....a lot of this out there"

    A month later or so, I received a notice that I was considered >50% at fault, as is usually the case in a one car accident.

    I'm assuming that since my wife and I are required to report to work, and the documented driving conditions/weather, as well as the lack of ticket, there's gotta be something out there I can refer to in my appeal.

    I had seen some cases cited on a cite shortly after receiving the notice of surcharge, but of course now I cant find where it was (don't know why I didn't bookmark it!)

    Anyway, if anyone could help, I'd appreciate it.
     
  2. mightymoose

    mightymoose Moderator

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    No. You are still responsible for the damage you caused with your vehicle.
    Would you also assume no liability if you had run over a child instead of a guardrail?
    No... The circumstances might prevent any criminal charge or citation, but financial responsibility is a separate issue.
     
  3. zddoodah

    zddoodah Well-Known Member

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    Received a notice from whom? Considered by whom to be >50% at fault?

    That your employer considers you to be "essential personnel" and "require[d]
    [you] to report to work" regardless of weather or road conditions is entirely between you and your employer. Also, what "appeal" are you talking about?

    Is this simply about your auto insurance carrier raising your rates?
     
  4. billymay

    billymay Law Topic Starter New Member

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    I work at a hospital, and I am considered "essential personnel".
     
  5. adjusterjack

    adjusterjack Super Moderator

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    You posted on another cite where I provided resources regarding your question. Please go back there. Forum shopping doesn't change the fact that you were driving too fast for conditions and are at fault.
     
  6. billymay

    billymay Law Topic Starter New Member

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    Wasn't forum "shopping", just hoping that if I posted either on the site the person referenced in the initial post posted on, or maybe that save person would see it.

    Figured of I posted on more than one, the chance that person would see it would increase.
    Nothing more, nothing less.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Well, OK, I just posted additional info on the other site.
     
    billymay likes this.

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