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  • Greg Voth

    April 26, 2011 1:19 p.m. Greg Voth HalfDork

    I am a claims adjuster but only work in it as a third party administrator (work for other insurance companies and self insured businesses). I only have practical experience in DC, MD, VA and FL and mostly with liability/third party claims.

    I cannot understand how on a first party claim you could ask them to wavie this surcharge (or deductible?). If I understand this your deductible would be a set amount ($1000?) and they want you to pay an additional charge for being at fault($400)? To me that seems a bit odd. If I decided to practice my Ken Block skills in my wifes Forester and hit a rock I would be $500 out of pocket. Same as if I rear ended someone driving while checking out his latest video.

  • RexSeven

    April 26, 2011 5:35 p.m. RexSeven SuperDork

    Thank you for all the replies. I spoke to the claims handler today and he said that someone from my insurance company will be there with me, and that the Mass. insurance magistrate tends to be lenient when it comes to bad weather. I understand that all signs point to me being at fault. However, I figure if I have the opportunity to get this surcharge waved, I might as well take it. The worst that will happen is my appeal fails and I'm out the surcharge anyways, plus an extra $50 for the appeal fee.

    As for why I avoided the plow truck rather than take the hit- like Raze said, I was not about to risk my ass in a head-on collision with a wayward F-550-class dump truck/plow full of road salt. The Speed3 has good frontal crash-test ratings but that truck was moving a good 25mph and didn't brake, not even after he had passed me. I'd probably have survived but not without a trip to the hospital in a meat wagon.

  • Yavuz

    April 26, 2011 6:24 p.m. Yavuz New Reader

    I have two first hand experiences with these hearings in MA.

    1) A friend was leaving work during a snowstorm. While driving down a hill the car in front of him slams on his brakes to let someone out of a side street - who knows why they thought this was a good idea. My buddy hits the brakes, but he knows it's a lost cause so he lets off the brakes and swerves off the road into a fire hydrant. Single car accident, not sure if he got a ticket or not for it. Anyways - he goes to the hearing and says that he had two options: rear end the guy in front of him and possibly cause injury, or drive off the road so he chose the latter. They let him go.

    2) My dad hit a tire tread on the highway and destroyed his bumper. He ended up going to a surcharge hearing for that too. Told them that he had two choices: Hit the tire tread, or swerve out of the way and possibly take out one of the cars that was next to him on the highway. They let him go too.

    If you tell them the truth about avoiding a head on collision with the plow I'm sure they'll let you off without the surcharge.

  • Sonic

    April 26, 2011 7:23 p.m. Sonic Dork

    I think much of it will be in how you word it. If you say that you had to avoid a head on collision you chose to steer off of the road into what appeared to be a fairly flat/smooth/whatever piece of real estate. Because of the buildup of snow you were unable to see the rock, had no knowledge it was there, and as you were confronted with an emergency situation, you made what you thought was the best choice at the time of crisis, and that the accident was not due to negligence on your part, etc etc etc

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