Auto Insurance: Insurance Company Unjustly Increasing Premium

lundi 26 janvier 2015

My question involves insurance law for the state of: Maryland



My car was hit on the rear door of the passenger side, while crossing an intersection in Washington, DC by a driver under the influence of alcohol. A police officer came and issued me a ticket for not stopping at a stop sign. I told the officer, that I had in fact stopped at the stop sign and proceeded only when a car had already stopped for me to pass thru the intersection. The accident happened on Saturday, 27-JULY-2013 at about 10AM.



I contested the ticket and filed via mail adjudication. On 22-AUG-2013, I received a letter from the Government of the “District of Columbia”, stating as “Conclusion Of Law: The Notice of Infraction(s) is dismissed”



Based upon this accident, GIECO increased by Insurance Premium. I am contesting this increase in premium on the following grounds:



1. The case against me was dismissed by the Government of the “District of Columbia”



2. Since the case was dismissed, I can NOT be considered “at fault” in this case.



3. Since I am NOT at fault, there is no basis for the increase of premium.



Another baffling fact is that, I reported the “alcohol smell” from the driver who hit me to the Police Officer handling the case. He called another unit and they started doing drug tests on the other driver. The investigating Police Officer, asked me to leave as there was no need for me to stay beyond that point.



The scenario of the accident is as follows:



1. I approach a busy intersection in Washington DC. I have crossed this intersection many, many times before as it very close to where I work. I know, that there is a “Stop” sign for me to stop. I stop at the sign.



2. The intersection is a three lane intersection for traffic coming in BOTH directions, which is my left side and right side. On my Right Side, the first lane is for parking, 2nd and the 3rd lanes are traffic lanes.



3. While I am stopped at the Stop Sign, I wait for the traffic to clear and slowly proceed. I notice that a car in the 2nd lane on my Right side stopped to let me go thru the intersection. I proceed very cautiously, and assure myself that there is no one coming from my left side. As I see no vehicle coming from the right or left, I proceed.



4. When I have crossed the median (yellow lines to separate traffic in both directions), a car coming from my Right side in the 3rd lane, hits my car on the REAR door of the Passenger side.



5. The impact of the accident caused the other driver’s car to be not drivable. My car was drivable but the impact was very hard and both the Front and the Back Doors of the car were “Jammed Shut” and could not be opened. Just looking at the impact of the accident on my car, I am pretty confident that the other driver was speeding.



6. I could easily come out of the car and open the rear door on the driver side, without any problem.



7. The other driver starts shouting at me and saying that it is my fault. I do not get in any argument and wait for the police to arrive on the scene.



8. While I am exchanging information from the other driver, I notice a very strong smell of “Alcohol” from the other driver’s breath.



9. I tell the police officer about the “Alcohol Smell” from the other driver’s breath. The driver approaches the other driver and confirms that he too could smell alcohol from the other driver.



10. The police officer radios another police unit and after some time another police unit shows up.



11. The police officer does his due diligence and issues me a ticket for $100.00 for “No Yield Right Way”.



12. I am very surprised and ask the Police officer that I want to contest the ticket. He said, you sure can do that and hands me the ticket. The police officer tells me that the procedure to protest the ticket is at the back of this ticket.



13. The police officer tells me that, “You are free to go”. I notice that the other unit were doing their due diligence for alcohol testing on the other driver and I leave.



14. After I reach my office, I call GEICO and arrange for the inspection. When I reach the inspection station, GEICO agent tells me that my car is a “Total Loss”.





Auto Insurance: Insurance Company Unjustly Increasing Premium

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