What is the name of your state (only U.S. law)? California
We have been found at fault by our insurance company from a recent claim. The letter from them states that we are found to be 51% at fault because of failing to maintain proper control of the vehicle. Here is what actually took place. Our house sits on top of a small hill at the end of our street. My wife was driving up our driveway and the garage door was opening up. As she started to enter the garage, she hear a cracking sound so she stopped the vehicle because she knew it was toys that were left out. She put the vehicle in park, turned of the ignition and set the parking break. The vehicle was only slightly in the front of the garage. Where the vehicle was at, it was on a slight slope due to the design of the driveway. Once out of the vehicle, she went around to the front of the vehicle to see what was run over. I'm not sure what it was but that didn't really matter. as my wife was looking forward deeper into the garage to make sure there was nothing else in the way, she heard a pop and turned around the see the vehicle rolling backwards and down our driveway towards our neighbors house and our concrete wall. After coming to a stop next to a large palm tree, the tow neighbors came over to see if she was alright. They looked into the driver side and saw no one. The vehicle was no in reverse, the parking brake was still on and the vehicle was not running. Since all of this happened, our own insurance company has found her 51% at fault. How is that possible, since they never came out to take pictures of the accident scene, talk to any of the eyewitnesses or anything. We are of course appealing their decision. Since no one was driving the vehicle and later we found out that the parking brake was out of adjustment. By the way, this vehicle was taken to Lexus for all of the repairs and for your information, the parking brake is not an item that is required to be checked out maintained on any of the manufacturers scheduled maintenance programs. it is quite obvious that the insurance company was to ding my wife for this so she will get a mark on her driving record, which will of course cause our rates to go up. My wife hasn't had a ticket in over 25 years. This is not right!! any advice when we go to write our appeal letter? Any case studies that we should bring up? Help !!
Sincerely,
Mark Smith
We have been found at fault by our insurance company from a recent claim. The letter from them states that we are found to be 51% at fault because of failing to maintain proper control of the vehicle. Here is what actually took place. Our house sits on top of a small hill at the end of our street. My wife was driving up our driveway and the garage door was opening up. As she started to enter the garage, she hear a cracking sound so she stopped the vehicle because she knew it was toys that were left out. She put the vehicle in park, turned of the ignition and set the parking break. The vehicle was only slightly in the front of the garage. Where the vehicle was at, it was on a slight slope due to the design of the driveway. Once out of the vehicle, she went around to the front of the vehicle to see what was run over. I'm not sure what it was but that didn't really matter. as my wife was looking forward deeper into the garage to make sure there was nothing else in the way, she heard a pop and turned around the see the vehicle rolling backwards and down our driveway towards our neighbors house and our concrete wall. After coming to a stop next to a large palm tree, the tow neighbors came over to see if she was alright. They looked into the driver side and saw no one. The vehicle was no in reverse, the parking brake was still on and the vehicle was not running. Since all of this happened, our own insurance company has found her 51% at fault. How is that possible, since they never came out to take pictures of the accident scene, talk to any of the eyewitnesses or anything. We are of course appealing their decision. Since no one was driving the vehicle and later we found out that the parking brake was out of adjustment. By the way, this vehicle was taken to Lexus for all of the repairs and for your information, the parking brake is not an item that is required to be checked out maintained on any of the manufacturers scheduled maintenance programs. it is quite obvious that the insurance company was to ding my wife for this so she will get a mark on her driving record, which will of course cause our rates to go up. My wife hasn't had a ticket in over 25 years. This is not right!! any advice when we go to write our appeal letter? Any case studies that we should bring up? Help !!
Sincerely,
Mark Smith