At Fault Decision (Massachusetts)

[camhabib]

I got into an accident in late December: I was traveling on a highway, switched lanes, hit a patch of water / ice and went into a concrete barrier on the side of the road. I received a ticket for "Speed Unreasonable for Control" which got thrown out in court about a week ago. My insurance however has ruled this an "at fault" accident. Is there any way to contest this decision? Is it too late? Policy and residence is in MA. Any help is appreciated. Thanks.

 

[InsaneJane]

Well, who do you think was at fault?

 

[camhabib]

I was the only car involved, and while I understand that as the operator of the car, I am responsible for it's control at all times, the situation was out of my control. I was operating within the speed limits, taking all due precautions, etc. The issue was more due to a defect in road drainage then an issue on my part. In any case, the ticket did get thrown out, implying that my speed was not unreasonable for control, and that I was operating within reasonable conditions.

I'm just curious if it's too late at this point to contest the decision, and if not, how I go about doing so?

 

[InsaneJane]

If the road conditions caused more accidents because of neglect, then you might have a chance...

or I could be wrong.

 

[camhabib]

I was told by the responding officer, the tow truck driver, as well as several residents of the area that due to a defect in the road design, several accidents happen weekly at that spot. I'm not sure how I'd go about getting this in writing, but I'm happy to try contesting it none the less.

Who do I contact to contest the at fault decision?

 

[InsaneJane]

I would recommend gathering the info and forwarding a copy to your IC.
Find out who the municipality is that is responsible for the road and send them a bill.

 

[racer72]

I would recommend gathering the info and forwarding a copy to your IC.
Find out who the municipality is that is responsible for the road and send them a bill.

This is a load of hooey. The insurance company is not bound by the decision of the judge over the ticket. Proving a municipality responsible for the accident is almost impossible, especially when the weather is involved and the OP stated the road conditions were far less than ideal. The only folks that can be held liable for auto accidents are those behind the steering wheel.

 

[csi7]

You can present the information to the insurance company for review.

The insurance company does have to consider all the facts in a case.

Improper road design is an important factor that may not be on the paperwork at the insurance office where the determinations are made.

 

[ecmst12]

It was a one car accident and you are definitely at fault. You can contest all you want but you still failed to maintain control of your vehicle and that is all that really matters. The posted speed limit is completely irrelevent when adverse conditions are present.

 

[camhabib]

It was a one car accident and you are definitely at fault. You can contest all you want but you still failed to maintain control of your vehicle and that is all that really matters. The posted speed limit is completely irrelevent when adverse conditions are present.

While, again, I understand that as the operator of the vehicle, I am responsible for it's control at all times, there are certain circumstances that are out of my control.

Say for instance (wild but possible) I am driving and from some freak of luck, something falls from the sky (dropped from window, airplane, etc) and lands on my car, causing me to get into an accident. Would I still be at fault then?

If yes, then how? At fault implies that I am responsible for the result of that encounter, that there is something I could have done to avoid it, which I had not reasonable chance of doing so. If no, then how is this any different then my situation, where I could have been doing the speed limit or even half, and the design and condition of the road lead to the incident.

 

[ecmst12]

But...that's not what happened. You lost control due to ice on the road. Which is a hazard you should have been prepared for given the conditions.

 

[JustAPal00]

While, again, I understand that as the operator of the vehicle, I am responsible for it's control at all times, there are certain circumstances that are out of my control.

Say for instance (wild but possible) I am driving and from some freak of luck, something falls from the sky (dropped from window, airplane, etc) and lands on my car, causing me to get into an accident. Would I still be at fault then?

If yes, then how? At fault implies that I am responsible for the result of that encounter, that there is something I could have done to avoid it, which I had not reasonable chance of doing so. If no, then how is this any different then my situation, where I could have been doing the speed limit or even half, and the design and condition of the road lead to the incident.

What you're describing as a "what if", would cause the accident to possibly not be your fault because another object hit your vehicle causing it to wreck. In your case it would be more like a magical sheet of ice was following cars around and sliding itself right in front of their tires. Now if you could prove that the ice wasn't there as you approached, but right as you reached that spot in the road it darted out in front of you then you might have a case. Otherwise what you did was drive too fast for conditions and wreck your car.