I am going through the same thing right now....
I am having the same problem as you at this very moment.
except I'm also dealing with the fact that for some unknown reason (neither my insurance company or the at-fault driver's insurance company will admit to it) it's showing up on my record as my fault!!! Still trying to figure out how to get that fixed..... I've been having to carry around the police report and other documents to prove I wasn't at fault to everyone I get a quote from...but anyway....
I too am getting pretty high quotes even though they say I have sufficiently proven it wasn't my fault. For example, Allstate outright admits that if you have been in an accident in the last 3 years,
regardless of fault, you do not qualify for their best rate.
I decided to do a little research on Texas insurance law the other day, so when I opened up your thread I was glad to see that you were from Texas also (I'm in Houston). Now I am by no means an attorney, but since I can't afford much of one I've had to do a lot of research on my own.
Here's what I found (I put in bold the important stuff):
(From the
TAIPA: Rules and Rating Maual)
Rule 9. ADDITIONAL CHARGES[
A. Additional charges are applicable to all risks.
B. Experience Period
The experience period is the 36 months immediately preceding the date of the policy.
C. Apply Additional Charges for
1. each accident involving the applicant, named insured or any other person who operates the auto(s); and
2. each conviction involving the applicant, named
insured or any other person who operates the auto(s).
D. Additional Charges for Accidents and Convictions
1. Accidents
If during the experience period the applicant or anyone who usually drives the motor vehicle has been involved as an operator or owner in a motor
vehicle accident resulting in injury to or death of any other person or damage to property of another, apply the following additional charge:
20%—For each accident
Exceptions:
No additional charge shall apply for
involvement in an accident:
a. that occurred while the auto owned or operated by the applicant or other person who usually drives the applicant’s auto was lawfully parked, standing, or stopped; or
b. in which the auto was struck by a hit-and-run driver, if such accident was reported to the proper authority within 24 hours; or
c. as a result of which the applicant or other person who usually drives the applicant’s auto obtained a judgment against, or a settlement from or on behalf of, the owner or operator of another auto involved in such accident if the judgment or settlement was obtained prior to the date of application or in case of renewal, prior to the effective date of the renewal policy, and provided no judgment was obtained against or any amount paid in settlement by or on behalf of the applicant or other person who usually drives the applicant’s auto as a result of such accident; or
d. in connection with which neither the applicant nor other person who usually drives the applicant’s auto was convicted of a moving traffic violation and the owner or operator of another auto involved was so convicted; or
e. resulting in the payment of a personal injury protection loss only.
You can find this info at TAIPA - Texas Auto Insurance Plan Assocation and also make complaints there.
Another good site for help, info and filing insurance complaints is TDI Auto Information Home Page from the Texas Department of Insurance.
So, from my understanding, if one of the exceptions applies to you they CANNOT legally charge you more for your policy. In my case, it's been over a year and it has still not been settled. BUT item 'd' in the exceptions is what applies to me because the dude ran a red light and got a ticket...me...no violations.
Sorry this post was so long but I get pretty mad when people get screwed over just because we dont know or understand our rights!!!
Anneemull
