Is this my fault...in insurance terms?
#1
Is this my fault...in insurance terms?
While pulling into a parking space at Norfolk Naval Base on the trip home from Vettes on the Point, my passenger front tire rolled over a round water drain cover, which was apparently not secured to the pavement. The cover got flipped up just enough so the rear edge of passenter front wheel well struck the now protruding metal cover, ripping the fender. I did not see the cover protruding above the pavement, nor do I expect a cover in a parking space to come up when rolled over. This counts as a collision as far as the insurance agency is concerned. Since this is a single-vehicle collision, am I likely to be found at-fault, and incur raised rate, etc?
BTW, Vettes on the Point was a blast! The last 20 minutes of the trip, not so much. Pics to follow.
Jason
BTW, Vettes on the Point was a blast! The last 20 minutes of the trip, not so much. Pics to follow.
Jason
#3
Le Mans Master
Sorry to hear of your misfortune.
You should definitely report the incident to the Base and seek compensation from them for the damage, as you are right - the cover should not have been loose where cars are expected to be. You should get some photos of the loose cover if possible to document the condition.
If you go through your own policy, if it is charged as a collision accident then yes, it is a chargeable accident that could affect your rates. On the other hand, if the insurer recovers from the liable party (the Base a/k/a the Fed Gov, the loss they paid out would be netted by that recovery and the impact on your premium would be mitigated.
You should definitely check your policy language to see if there is any way to classify this as a comprehensive or "other than collision" loss. For example, falling objects and animal strikes are not collision losses, but are, in fact, comprehensive claims. If you can find some latitude in the comprehensive policy language to have the loose cover fall under that coverage, you will usually have a lower deductible and, more importantly, a comprehensive claim is not chargeable against your premium.
Good luck and I hope the repairs are done quickly and look great!
You should definitely report the incident to the Base and seek compensation from them for the damage, as you are right - the cover should not have been loose where cars are expected to be. You should get some photos of the loose cover if possible to document the condition.
If you go through your own policy, if it is charged as a collision accident then yes, it is a chargeable accident that could affect your rates. On the other hand, if the insurer recovers from the liable party (the Base a/k/a the Fed Gov, the loss they paid out would be netted by that recovery and the impact on your premium would be mitigated.
You should definitely check your policy language to see if there is any way to classify this as a comprehensive or "other than collision" loss. For example, falling objects and animal strikes are not collision losses, but are, in fact, comprehensive claims. If you can find some latitude in the comprehensive policy language to have the loose cover fall under that coverage, you will usually have a lower deductible and, more importantly, a comprehensive claim is not chargeable against your premium.
Good luck and I hope the repairs are done quickly and look great!
#4
Melting Slicks
I had my door hit (on my Audi) on base and I called the MP's and they did a report. The guy that hit me was in a govt vehicle so the post was responsible for the repairs but I did have to go thru mu ins company then file a claim. I went to the same place you claim your households goods, etc being damaged. I had gone to the Audi dealer to ask how much they would take off for this showing up on carfax and he said 10% of new vehicle cost. Just need new door. He said to start there for deminished value and see where it goes. Well the post claims knew about DV and I asked for like 4k in DV (cant remeber exactly how much) thinkning they would come off that but they gave me full asking price. I made like 5k on that deal. Got door replaced for less than claimed and the DV and when I went to trade it in, it didnt show up on carfax cuz the MPs didnt report it.
#5
Thanks for the replies. I was so upset I didn't even think of calling MPs at the time to make a report. Pics below.
[IMG]http://forums.corvetteforum.com/picture.php?albumid=29057&pictureid=1215 22[IMG]
[IMG]http://forums.corvetteforum.com/picture.php?albumid=29057&pictureid=1215 22[IMG]
#6
While pulling into a parking space at Norfolk Naval Base on the trip home from Vettes on the Point, my passenger front tire rolled over a round water drain cover, which was apparently not secured to the pavement. The cover got flipped up just enough so the rear edge of passenter front wheel well struck the now protruding metal cover, ripping the fender. I did not see the cover protruding above the pavement, nor do I expect a cover in a parking space to come up when rolled over. This counts as a collision as far as the insurance agency is concerned. Since this is a single-vehicle collision, am I likely to be found at-fault, and incur raised rate, etc?
BTW, Vettes on the Point was a blast! The last 20 minutes of the trip, not so much. Pics to follow.
Jason
BTW, Vettes on the Point was a blast! The last 20 minutes of the trip, not so much. Pics to follow.
Jason
In my opinion, it is the Naval base that is responsible. They should have liability insurance to cover that incident. It is a safety issue. What would happen if you where walking and one foot kicked up the drain and your other foot fell in and you broke your leg or such? Your insurance company reasoning is wrong...period. Call them back again. Better yet get a different insurance company.
#7
CF Senior Member
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It may be too late as your insurance company is aware of the accident but why did you have to go-through your insurance carrier at all? Either the government/base carries commercial liability insurance or they self-insure. I would have tried to file a claim directly against the responsible party. Even if your insurance company ultimately subrogrates damages and collects from the government (or their insurance company) I doubt you'll avoid paying the 'penalty' premium imposed by your carrier due to the "collision." It's a raw deal IMO you didn't do anything wrong. I'd talk to a supervisor at your insurance to explain the circumstances. Good luck.
#8
Melting Slicks
It may be too late as your insurance company is aware of the accident but why did you have to go-through your insurance carrier at all? Either the government/base carries commercial liability insurance or they self-insure. I would have tried to file a claim directly against the responsible party. Even if your insurance company ultimately subrogrates damages and collects from the government (or their insurance company) I doubt you'll avoid paying the 'penalty' premium imposed by your carrier due to the "collision." It's a raw deal IMO you didn't do anything wrong. I'd talk to a supervisor at your insurance to explain the circumstances. Good luck.
#9
My understanding of my insurance - if you hit the fixed 'roadbed' (i.e. a chughole), it's collision. If you hit something movable, it's comprehensive. Under these terms, I think your comp would cover.
#12
Racer
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It seems like it should be comp... But It is absolutely the responsibility of the Naval Station. However, getting them to pay for it is going to be the most difficult thing ever. I would not even file a claim with insurance, there are a ton of used OEM fenders on eBay, just grab one up, and have it resprayed at a quality shop, who knows there might even be one the same color for sale...
#13
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Also, being that you are on a base, I assume you are with USAA, and they will cover the damage, and subrogate against the at fault party (provided they do not find you at fault).
#15
Le Mans Master
Regardless, road damage like this will not affect your rates. This is not considered a chargeable accident. You can verify this with your insurance agent.
Also, you should not have to get involved with seeking compensation from the base. That's up to your insurance company. This is why you have insurance.
Also, you should not have to get involved with seeking compensation from the base. That's up to your insurance company. This is why you have insurance.
#17
Melting Slicks
It seems like it should be comp... But It is absolutely the responsibility of the Naval Station. However, getting them to pay for it is going to be the most difficult thing ever. I would not even file a claim with insurance, there are a ton of used OEM fenders on eBay, just grab one up, and have it resprayed at a quality shop, who knows there might even be one the same color for sale...
Ive been there and done that, OP it cant hurt to get the estimates and you can still get the MPs to file a report especially if the thing is still broke on the road plus you have pics. Go to the claims department and see what they say?
Last edited by S'vette; 10-08-2012 at 11:36 AM.
#18
I filed a report with base police, apparently this is a common problem on the roads here. I was found not at fault with insurance adjuster, which is a relief. Now on to repairs...does anyone in the VA Beach or Norfolk, VA area have recommendations on where to take the car or where not to go? I have a list of the recommended locations (Direct Repair Facilities) from USAA, but can use the shop of my choice. I appreciate the advice.
#19
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I filed a report with base police, apparently this is a common problem on the roads here. I was found not at fault with insurance adjuster, which is a relief. Now on to repairs...does anyone in the VA Beach or Norfolk, VA area have recommendations on where to take the car or where not to go? I have a list of the recommended locations (Direct Repair Facilities) from USAA, but can use the shop of my choice. I appreciate the advice.
#20
Melting Slicks
I filed a report with base police, apparently this is a common problem on the roads here. I was found not at fault with insurance adjuster, which is a relief. Now on to repairs...does anyone in the VA Beach or Norfolk, VA area have recommendations on where to take the car or where not to go? I have a list of the recommended locations (Direct Repair Facilities) from USAA, but can use the shop of my choice. I appreciate the advice.