Rear ended and partly at fault. I've had 1 at fault accident. What will happen to my insurance?

Question

Sunday I was braking and something went wrong with my brakes and I lost temporary control of my car and swerved. I regained it and straightened my car. Before I could regain speed another car rear ended me. The cops cited me for improper lane travel for swerving but said the other driver was more at fault for not watching the road and that this was a shared fault accident.

I called my insurance who says the other driver is mostly at fault but agree with the police that it is probably a shared fault accident. The other driver's insurance calls me to take a statement and says that their client is no fault for the accident and that my insurance company will have to take care of everything. Cars are totalled.

I had an at fault claim 1/2007 where I rear ended someone. This raised my rates although it was my first accident. I am assuming that this new claim means my policy will be cancelled and will be uninsurable. This is a nightmare. I will probably never drive again. Advice?

Answer 1

Talk to your insurance agent and tell them what the other person's insurance company said.  I thought that the person who did the rear-ending always has some degree of fault, regardless of the circumstances.  They might be trying to s***w you over.

Answer 2

Your rates will probably go up again but I don't think they will drop you as long as you are paying.  Sorry.

Answer 3

Don't worry about the other insurance company. Your company claims adjuster should fight with them to make you less than 50% at fault.  Then I don't think your rates will change.  Keep on your agent or adjuster to make sure they know you were less than 50% at fault.

Answer 4

Bummer.  Your insurance is going to go sky high.  So sorry.  You better get used to riding a bike.

Answer 5

Both insurance companys have agreed to each handle their own car. This is typical in cases where both parties were at fault.  As for your rates, they will go up cancellation is unlikely until your third incident which will not only cost you your insurance but your drivers license.

Answer 6

Deal with your own insurance if you have Collision coverage.  Given the details of the loss as you describe them, your insurance company appears to have a decent subrogation claim against the other carrier.  They will pay you for your damage and subrogate for what they paid out and your deductible.  If they recover at least 50%, your rates may not go up.  You need to discuss this with your agent.