car insurance raising rates for no fault accident

[arkatha]

What is the name of your state?CA
I had an accident Nov.2003. A truck lost his tire on the freeway and the tire rolled out in front of me. I was unable to get the truck's info and when the CHP finally showed up to help me they did state in their report that it was not my fault. My question is I have recently changed insurance companies and have found out that my old insurance has blamed my husband for the accident ( he was five hours away at the time.) Is it legal for them to raise my rates for an accident that was unavoidable? Why is my husband blamed for the accident when I was clearly driving? By the way we did have full coverage and uninsured motorists insurance. I hope someone can help me clear this up.
arkatha

[Lynx 36]

Quote: "Is it legal for them to raise my rates for an accident that was unavoidable?"

Yes, they can raise your rates even when you don't turn in a claim.

Quote: "Why is my husband blamed for the accident when I was clearly driving?"

I don't know why they blamed him, they shouldn't, but they will file a claim on his policy as it was probably in his name and you are added on it.

Quote: "By the way we did have full coverage and uninsured motorists insurance. I hope someone can help me clear this up."

They would use your collision coverage to fix the car. Uninsured motorist would not apply. In order to use that the other driver has to be indentified, and then it has to be verified that they had no insurance. Since this was a hit skip, the other driver can't be identified obviously.

[stephenk]

A hit and run accident does qualify as an uninsured motorist loss in California. As long as a police report is made within 24 hours of the incident and there is evidence of property damage to the insured's vehicle, it qualifies as an accident that can be submitted under uninsured motorist coverage.

however, that only applies if the poster is making a claim for her own personal injury. Since the car was only damaged it would have been repaired under the collision portion of the policy.

Arkatha, have you or your husband contacted your former carrier as to why they made the accident an "at-fault" accident? Did you ever receive any correspondence from your former carrier advising you or your husband that it was determined to be an "at-fault" accident?

[arkatha]

Arkatha, have you or your husband contacted your former carrier as to why they made the accident an "at-fault" accident? Did you ever receive any correspondence from your former carrier advising you or your husband that it was determined to be an "at-fault" accident?[/quote]

stephenk
We have not asked them why but I will contact them. They did send us a letter stating that they were making my husband at fault. I did not understand that because we Did send them the police report stating that it was not my fault. Thanks for the response. I appreciate it.

[arkatha]

Lynx 36,
Thanks for letting me know about the insurance rates. I guess I will have to wait for the accident to come off my husband's record before we can expect lower rates.
arkatha