What to do if my car’s tire had a blowout while I was driving and now my auto insurer is claiming this is an at-fault accident and is increasing my premium?

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What to do if my car’s tire had a blowout while I was driving and now my auto insurer is claiming this is an at-fault accident and is increasing my premium?

I was able to safely pull the car off of the road without causing more damage to the car or having an accident with any car on the highway. All that happened to the car is a blown out tire and a torn fender. Can they increase my premium just for this or should I look for another insurance carrier?

Asked on March 26, 2013 under Accident Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sounds like your insurance company is trying to pull the wool over your eyes. In this form of accident, you should not be held to a liability that is 100% your fault; therefore, your insurance premium should not go up. First and foremost, contact your insurance department of the state (the agency who regulates these companies). Explain the problem and file a complaint. Next, seek guidance from that agency regarding any rulings or regulations it has regarding such matters and whether you can simply forego this problem by sending a certified letter to the insurance company showing the regulations or statutes or both preclude such practices. Next, get a new insurance carrier.


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