Did my agent categorize my accident wrong to get more money from me through higher premiums?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 3, 2016

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Insurance Question from Minneapolis, MN

Asked on 07/03/2016

Did my agent categorize my accident wrong to get more money from me through higher premiums? I spun out on the freeway after going over a huge pothole in the rain. My wheel came off and caused some damage. My comprehensive covered it, but my premium shot through the roof as a result. On the claim I noticed they classified it as "struck fixed object" which isn't entirely accurate. Is there another classification they should have / could have used for the accident which wouldn't result in such high penalties?Thanks.

Answer given on August 14, 2016

If you struck a pothole and spun out on the roadway, the actual claim should have been under your collision coverage. In that case, the collision would have been considered an at fault accident, which would have caused an increase in your premium. The pothole is considered the “fixed object”, so the description would be accurate in the report.If the accident had been settled under your comprehensive coverage your rates would not have been affected, but striking any object, other than a deer, is considered collision and is subject to rates that reflect the accident.Check with your insurance agent or insurance company to confirm the claim was paid under the collision portion of your insurance. You will probably find that it was paid in that manner. If they settled it under comprehensive, you then have a viable argument that the insurance rates should not have been affected by this incident.


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