appeal hearings


Specifics on Toyota Recall & At-Fault-Accidents

Drivers who own vehicles recalled by Toyota over the past month have raised concerns about what this means for their insurance coverage and rates. Drivers who were involved in an accident prior to the recall have faced surcharges other related costs of an “at-fault-accident” that may have been due to the manufacturer’s defects and reason for recall.

Thankfully Massachusetts drivers have an appeal provision that protects these drivers from additional charges and costs of an accident due to Toyota’s recalled parts. The Board of Appeals hears approximately 50,000 cases each year, of which about half the original verdicts are reversed. Once overturned the “at-fault-accident” affecting a drivers record and increasing a driver’s insurance rates will be removed.

Drivers who wish to appeal a decision should discuss the appeal with their local agent first. Speaking with an agent will give the driver a better understanding of the terminology and may share a greater knowledge of auto insurance w to use in Massachusetts insurance carriers are required to use specific standards of fault when determining someone’s responsibility or fault in an accident. One of these standards includes the “Standard of Fault 19” in a collision that a single vehicle is involved, the fault is assessed to the person driving that vehicle. In other words if the accelerator of a recalled Toyota became stuck and the vehicle drove into a tree or other object, besides another vehicle, fault would be assessed to the driver. This is an at-fault-accident someone would want to bring to the Court of Appeals to remove this at fault accident from their record.

The Massachusetts Division of Insurance issued a Consumer Alert that announced hearings for drivers who appealed a decision prior to the recall would be reopened. The board was not previously aware of the manufacturer’s defect and is seeking to right any court decision that a Toyota driver may feel would have been different with the recall. After an at fault accident a driver should automatically receive a notice for their right to appeal the decision.

Appeal hearings are open to the public and for the most part informal. The written appeal is read by the hearing officer and the driver is then going to make his or her case for the appeal. It is also good to be aware that a representative for the insurance carrier will also be present. A person’s driving record is one of the most important determinants of auto insurance premiums. It should not be taken lightly when you are wrongly assessed fault of an accident.

Ready for a Quote?
Get A Quote