Collision with rock under car: is driver at fault? Can insurance points be issued?
<p>Suppose a car registered in North Carolina is parked for several hours in a marked, dirt parking space in a Tennessee park. During this time, the vehicle sinks into the soft dirt enough for the tip of a rock to hang the front bumper during reversing the vehicle and cause $75 damage.</p>

<p>The driver calls the insurance provider and the conversation results in an insurance representative recording the event. The company deems this an at-fault assessment since the driver "collided with a stationary object". This results in two additional insurance points, costing the driver $40/mo rate increase. The insurance provider does not pay out since the damage is well below deductible.</p>

<p>Some questions:</p>

<ul>
<li>Was the driver at fault?</li>
<li>Regardless, can the insurance provider add points without payout?</li>
</ul>

<p>References:
<a href="http://www.ncdot.gov/download/dmv/handbooks_NCDL_English.pdf" rel="noreferrer">North Carolina Drivers Handbook states on page 29: "Insurance Points - Insurance companies use a different point system to determine insurance rates. If you have any questions concerning insurance points, contact your insurance agent."</a></p>

<p>Nolo's <a href="https://www.nolo.com/legal-encyclopedia/north-carolina-car-accident-laws.html" rel="nofollow noreferrer">page on North Carolina Car Accident Laws</a> say:</p>
<blockquote>
<p>Also keep in mind that since there is no empirical means of allocating fault, any assignment of liability will ultimately come down to your ability to negotiate with a claims adjuster or to persuade a judge or jury.</p>
</blockquote>
<p><a href="https://www.attorneync.com/car-accidents-lawyer/north-carolina-fault-laws/" rel="nofollow noreferrer">Another site</a> mentions that:</p>
<blockquote>
<p>North Carolina’s strict rules on determining fault in car accidents are known as “pure contributory negligence” laws. This means that the victim has to be 100 percent free of fault for the accident in order to receive compensation.</p>
</blockquote>
<p>In short, NC considers that a person who was even partly responsible for an accident, or who could have avoided it, is &quot;at fault&quot;.  How this applies to single-car accidents when the problem occurs while the car was stopped is not specifically discussed in any source I could find. A final decision could only come from a court. A person for hom this is an actual issue would do well to consult a lawyer knowledgeable about NC insurance laws.</p>

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