Insurance company told me NOT to file an operater's report after accident?

Question

I was in a single vehicle accident earlier this month. My MA insurance company automatically found me to be more than 50% at fault.

The details: It was raining on the day of my accident and I was on Storrow Drive in Boston. My car fishtailed, spun out and landed on the median, while I was driving 35 miles per hour. Less than $2000 worth of damage. Nothing and no one else hit.

My insurance company told me multiple times that an operator's report was not necessary, and that I shouldn't file one. This being my first accident, I chose to listen to them. Now I want to appeal their decision and there are no witnesses, as there is absolutely no way to stop on the road, and there is no operator's report.

Am I pretty much out of luck in terms of proving to the insurance company that I was not more than 50% at fault, and therefore should not be surcharged?

Answer 1

If you are the only car involved and you hit a median, you are 100% at fault.

Who else would be liable? the rain? the wet roads? the median?

You failed to reduce speed for road conditions and maintain control of your vehicle.

If you carry collision coverage on your policy your company has to cover your damages unless 1. They are below your deductible or 2. You failed to meet a condition of the policy resulting in a denial

And yes, they have a right to surcharge your policy for your at fault accident.

Answer 2

In MA, you do not necessarily have to file an incident report for single car accidents with no injuries.  If the loss actually occurred this month, you can still file a report if you want to so at least you will have a written record of the loss.

You can still appeal the surcharge, but is unlikely that the surcharge will be rescinded.  You were driving too fast for the road conditions.  You lost control of your vehicle.  Sorry, but 35 mph was still too fast even on Storrow Drive.  

However, you might get lucky with the panel selection when it comes time to review the appeal.  When you fill out the form, do not go on and on how you do not think you are less than 51% at fault for the accident.   Keep it simple.

Answer 3

Every driver has the duty to be in control of your vehicle. If the weather is bad you slow down, or stay home. Sorry to say, but you are at-fault.

Answer 4

Sorry, but I have to agree with the 1st answer.   She is correct.

You are not only more than 50% at fault, you are 100% at fault.  If you can't control your vehicle, you shouldn't be driving in those type of conditions.