# Motor Vehicle Accident-Insurance Surcharge Question...



## New Hire (Jun 18, 2006)

I just rear-ended someone on my way home from work. Thankfully, NO one was injured. My question is, how long might I have to pay for this if the other party decides to put a claim in with my insurance company??

There's a chance I might be able to fix it myself (easy bolt on part) but I'm just curious how much my insurance will increase if a claim is filed?

I'm PISSED!!! 

My driving record is stellar! (step 9/10) I HOPE no claim is filed...


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## j809 (Jul 5, 2002)

I believe you go to step 15 for any accident of $2000 or more in damage. 3 points for minor accident.


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## New Hire (Jun 18, 2006)

Looks like I'm moving up 3 points....DAMN!!!

The other party just called and informed me they were putting in a claim with my insurance company....

Looks like I'll be paying for this for the next SIX years!!


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## Curious EMT (Apr 1, 2004)

Appeal the surcharge. You'll get a letter saying you're being surcharged. Request an appeal. 
It will take AT LEAST two years to get a hearing, you'll pay higher insurance until then, and it will be on your driving record as well... But they tend to be very generous. I was successful TWICE with them, once I was 101% at fault.

If you do win, they'll take the accident off your record, and refund you the extra insurance you paid since the accident PLUS intrest.... 

Yes, I know several people who have been relieved of the surcharge in rear-end accidents....


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## Goose (Dec 1, 2004)

Curious EMT said:


> Yes, I know several people who have been relieved of the surcharge in rear-end accidents....


I won an appeal early this year when I rear-ended someone on 495 in November of 2003 (yes, it does really take that long to get a hearing folks!)...it was great to go to the hearing and listen to how much my insurance company paid to the other vehicles insurers...only for me to bring my pictures in of the accident and tell them that one of the other operators told me that there were three separate and distinctive impacts of the cars piling in, and not just one as my insurance company figured...thinking that I caused the whole thing by being the last car. :-D


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## Officer Dunngeon (Aug 16, 2002)

My experience was a bit different than the last two posters... I rear ended this dipstick talking on her cell phone while she started to merge onto Route 9 from an entry ramp then suddenly decided to slam on her brakes for no reason. Naturally, I was at fault.  I appealed the surcharge and received a hearing within 6 months. My appeal was denied. That was back in 2002. I was a step 9 before the accident. Only 2 more years to go for me.


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## New Hire (Jun 18, 2006)

I didn't know that was even possible.

Where does the hearing take place? At court in front of a magistrate?

The police didn't get involved and no pictures were taken...what (if any) leg do I have to stand on??

This is very encouraging news!!


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## Curious EMT (Apr 1, 2004)

The hearings are held at certain RMV officers. The "judge" is just a lawyer that the SDIP people hire to be the "impartial" third party.

They're looking to make sure you used due care and safety, and that the accident was almost unaviodable. They are NOT like magistrates are in ticket-appeals... They can not grant you a "win" because of good driving and admitting to the mistake and promising that you wont do it again. They may use your driving record to help decide if you are generaly a careful driver. At the time of my appeals I had numberous citations on my record. That never came up, as I was able to demonstrate in the hearding that, although in black-and-white I was at fault, my accident was in the gray area closer to white. I showed that although I _was_ operating with due care, the accident was nearly unavoidable.

One of my accidents was on a motorcycle. I was coming up to a stop near a u-turn "hole" in a gravel median. Hit a little gravel and I crashed. According to the "rules" all one-vehicle accidents are surchargable. I was able to demonstrate in the hearing that due care was used, and that the accident would have happened to any other rider in that exact situation.


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## Officer Dunngeon (Aug 16, 2002)

Hmmm... well, I had to go to the Norfolk courthouse in front of a very moody magistrate for my appeal. They sent me down into the depths of the domicile -- the dank dungeon of bureaucratic hell.


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## Curious EMT (Apr 1, 2004)

Did you appeal the SURCHARGE or the CITATION?

Both of my hearings were at an RMV branch heard by a lawyer. Just called the other two peole I know whom have appealed, same with them.


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## Barbrady (Aug 5, 2004)

Officer Dunngeon said:


> My experience was a bit different than the last two posters... I rear ended this dipstick talking on her cell phone while she started to merge onto Route 9 from an entry ramp then suddenly decided to slam on her brakes for no reason. Naturally, I was at fault.  I appealed the surcharge and received a hearing within 6 months. My appeal was denied. That was back in 2002. I was a step 9 before the accident. Only 2 more years to go for me.


Same here Dunny. Mine also took 6 months and was scheduled in the Plymouth Court. I called the court the morning of and told them I could not make it.....and still beat it!!! They must have used the info on my original appeal paperwork where I showed I was NOT at MORE than 50% (that is the key) at fault due to weather/road conditions.(I rear-ended some knob when it was snowing and slushy out). However, I did not receive any reimbursements from my insurance company. My points did end up going back the way they were before the accident.

Well worth the $15 it cost to file the appeal. I would have never know about the chance to appeal if it had not been for my insurance company that was nice enough to send me the paperwork on their own.


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## Officer Dunngeon (Aug 16, 2002)

Curious EMT said:


> Did you appeal the SURCHARGE or the CITATION?


There was no citation. It was a surcharge appeal. It was a while ago, but I remember that the Norfolk Court had a hearing room specifically for insurance appeals in their basement. It was moist and stinky and the magistrate was this old b-word with a mole on her face. There was also a fat guy present who tape recorded the hearing. They both eyeballed me like I was a peon throughout my version of the accident. Then I got a notice in the mail that my appeal was denied. That was it!


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## New Hire (Jun 18, 2006)

Well, I wasn't cited as there were no police involved. Actually, I told the party I would be VERY interested in taking care of it myself. Buying the new part and having it installed....they balked at that....

In fact, at the scene they didn't even take down my registration number. I could have given them a false name and phone number and they would have never been able to figure out who the hell I was!!

However, I try to play by the rules, so that didn't happen...

My main concern is the surcharge that lasts SIX years and the loot I'm going to have to pay out over that period of time as my driving points jump up to a 12/13....

I'm definitely appealing it...what do I have to lose, right??


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