Contesting CLUE database entry?

[jas_m]

Pennsylvania

December 2001 on a downhill, in heavy city traffic, I was involved in accident that left a negative entry on the CLUE database.

By default I was cited (rear vehicle). I was found not guilty of causing the accident because 1) the front vehicle was at the intersection when the light changed to yellow and slammed on brakes being the proximate cause (so I am told), and 2) after I impacted the vehicle (and while light was still yellow) driver pulled thru the intersection and onto the side of the road (thus was not stopped).

My insurance company despite my objection refused to contest the other driver's claim and paid for the damage (actually totalled the car because the damage (trunklid and center bumper only)was supposedly more than 50% of value of car).

My auto insurance was increased 40% on the highest value vehicle on my policy (not the one in the accident). Now my motorcycle insurance was increased (different company) as a result of the entry on this database. It also became an issue during a credit check for a refinance of my home.

I have requested a copy of my CLUE record. To date, my insurance company refuses to make any corrections or changes because they paid the claim.

How can I either get the entry removed or contest the entry?

A little long, sorry. TIA, James

 

[stephenk]

I have no clue about CLUE. what is it?

 

[jas_m]

The CLUE database is similar to Experian, Equifax and TransUnion and provides insurance and other agencies info on any insurance claim you make. Even if you report (or discuss) a claim and the company does not pay, they can enter data into this database regarding any damages you reported (car, home, etc.).

Other insurance agancies and recently even credit reporting agencies are using this database to determine your risk level and what rate to charge you for (or to even approve) credit or a policy.

 

[stephenk]

your first move should be to review your insurance policy regarding how claims are handled and how liability is assessed. Did your carrier tell you what percent they found you at fault for the accident?

In California if an insured is found 50.1% at fault by their carrier, the insured's rates are subject to increase for being involved in an "at fault" accident.

 

[jas_m]

There was no determination (that I know of) of percentage of fault.

The insurance customer no-service rep only gave me a bunch of stats about how I would be involved in another accident within three months and said their experience is that rear-end accidents always result in a guilty determination for the driver in the rear vehicle. I guess my experience in court must be a fluke then, since I was found not at fault.

That accident is my only accident since I started driving over 25 years ago.

I tried to prevent the company from paying the claim at the time of the accident but they did anyway. On top pf that, they totalled the car even though the damage was relatively minor (<$2,000) and even the owner of the car did not want it totalled, but repaired.

 

[tammy8]

Your insurance company paid the claim because you were liable for the damages you caused the other vehicle. Just because the ticket was thrown out doesn't make you any less liable.

In my 10 yrs of property insurance, I have only known of one case where an accident was changed from at fault to not at fault and that took 6 monthes. I have never known a case where something was taken off a CLUE report. Unforunately you have to bite the bullet and pay the price. It happens to all of us at some point.

 

[jas_m]

Your point well taken, I do not subscibe to the theory that I (or anyone) should "bite the bullet" just because the insurance company took the cheap way out.

I realize paying a couple thousand dollar claim is cheaper than litigation, but I made it clear to my insurer from the beginning that I was not at fault. Not only did my insurance go up, but when I tried to compare with other insurers their rates were double because of this on my record. I've been with this company over 20 years with no claims and basically the company screwed me over few bucks.

The fact the citation was dismissed based on the other driver's action DID show that the other driver created the condition that caused the accident. If the insurance company can be judge and jury and make decisions soley based on the dollar impact and not fairness to the insured, then basically they have the ability to wreck your insurance (and credit) history at will and without just cause.

Back to the original issue, this database must come under the Fair Credit Reporting Act and therefore has to have a way to redress errors and incorrect entries.

If there is no other way the last resort, I guess, is to sue the insurance company to fix it (I hate litigation).

 

[tammy8]

You rear ended someone. You can't be much more liable than that.

Good luck to you.