Is it legal to have 2 surcharges for 1 accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to have 2 surcharges for 1 accident?
I was given 2 surcharges from 1 accident. It was explained that one was for the citation failing to yield and the other from the Insurance company for being at fault. Seems like double jeopardy to me and I cannot find any
information on it.
Asked on January 22, 2019 under Accident Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It's legal. and double jeopardy does not apply. Insurance companies are not courts and are not the government--the rules providing certain protections against government action (e.g. no double jeopardy in criminal cases) simply do not apply to them. They are private businesses who voluntarily (nobody forces them to) chose to offer insurance. Since it's voluntary for them to do this, they can charge essentialy what they want and make their own rules for what increases premiums--including imposing two surcharges for one accident. Try getting a quote from another insurer: I find that periodically requoting my insurance results in lower rates (a new insurer, wanting you to switch, will typically offer a better rate than your existing insurer).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.