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When it rains it pours....driving record and insurance


MedicMom
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Driving is a condition of my job. Two years ago, I was stopped to make a left hand turn when the person behind me looked down for a moment and never saw me stop, hitting me full force at 55 mph and totalling both vehicles. I had had a minor, but at fault) weather related a few weeks prior. Other than these two incidents, my driving record was impeccable.

Last month I got a speeding ticket. It was my first ever, the points were low(2 points) and I paid it and went on my way.

 

Friday my boss informed me that our insurance company will no longer insure me for a year, because I've had three driving incidents. After three years they no longer count the accidents. I was astounded that the accident that I was hit was counted against me, but after speaking with police, insurance agents and the state DMV, because NY is a no fault state, fault is not considered and any accident goes on both driver's record. The insurance companies are allowed to penalize you for it, regardless of fault.

 

Basically I am now going to lose my job over this. If it was just the two incidents where I was at fault it wouldn't be an issue, but three is over their allowed limit. I can appeal but they don't think it will go anywhere.

 

How can they even be allowed to hold an accident that I was deemed to be 0% at fault in against me??? I wouldn't believe it but it has been confirmed by multiple sources including my company's attorney.

 

When it rains it pours I guess.

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That's awful.  Is there any way they could restructure your job so you don't drive the company vehicles for some time?

I hope your appeal wins.  It should be obvious that the first accident is irrelevant to your risk as a driver.  Maybe they will reconsider.

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Have you thought of  hiring a lawyer to fight the speeding ticket? Even if you are 100% at fault on that one.  I know people do this all the time.  One of my husbands friends in particular, uses this method to keep tickets off his record.  It will cost a few hundred dollars but it is surprising to hear what people can get out of by hiring a lawyer for driving offences.  Just a thought!

 

Otherwise....I feel for you. :0(  It is horrible to hear that you have to loose a job over something like that.

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I am a paramedic, so driving an ambulance is required. I'm pretty much SOL on any alternatives or restructuring.

 

I already pled guilty and paid the traffic ticket. I honestly thought it was not a huge deal. If I had had any idea I would have tried to fight that.

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blame your NY no-fault laws for the one you weren't at fault being on your record. write to your legislature and complain about how this is costing you - and probably a lot of other people.  find out what can be done to get it changed, and urge your legislature to push something through.

 

this is also why these get hauled into court.  it's not the fine - it's the insurance record. (and increased rates, etc.)

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Will they drop the ticket from your record if you take a defensive driving class? Some states do that - not sure about NY. I found this link:

 

http://www.newyorksafetycouncil.com/

It won't drop the ticket, but I can get the points gone.

 

I will gladly take responsibility for what I am responsible for. It irritates me beyond belief that I am being penalized for something I had no fault it. I guess I don't really understand the no fault laws at all.

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I am a paramedic, so driving an ambulance is required. I'm pretty much SOL on any alternatives or restructuring.

 

I already pled guilty and paid the traffic ticket. I honestly thought it was not a huge deal. If I had had any idea I would have tried to fight that.

Don't most ambulances have multiple paramedics? Couldn't the other one drive?

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I am a paramedic, so driving an ambulance is required. I'm pretty much SOL on any alternatives or restructuring.

 

I already pled guilty and paid the traffic ticket. I honestly thought it was not a huge deal. If I had had any idea I would have tried to fight that.

Don't most ambulances have multiple paramedics? Couldn't the other one drive?

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Don't most ambulances have multiple paramedics? Couldn't the other one drive?

all ambulances are staffed with two people. Our call volume is heavy but I could possibly take all the calls. However, it is against company policy to have a non driver, and it screws up things like long distance trips, shuffling ambulances from station to station, and other small details. They will have to be willing to completely change company policy in order for me to keep my job.

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I would appeal because at this point you don't have much to lose.  Is it a national company? In that case, would you not have been penalized for the rear end accident if this all had occurred in another state? 

 

If I liked my job, I would definitely stand up for myself. Also, if you'd had any idea that this would be the result of your speeding ticket, you surely would have handled it differently. I'd make a case for that also.

 

The worst part is that if you can't get this resolved, it sounds like you're not likely to be hired in the same position anywhere else until the first two accidents falls off of your record.  That just stinks.  I'm sorry.

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Oh, ugh! I'm so sorry to read about this. We had a medic who was fired for the same type of reason (speeding tickets, lots & lots of speeding tickets) and it stinks. In her case, the county's insurance refusing to cover her on the ambulance was entirely her fault.

 

I don't understand no fault, either.

 

Are you still on maternity leave/using FMLA? Is there a way to use your maternity leave/FMLA until the dates are such that the first incident falls off your record before your FMLA is up?

 

I'm very sorry you're having to go through this on top of everything else.

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I am a paramedic, so driving an ambulance is required. I'm pretty much SOL on any alternatives or restructuring.

 

I already pled guilty and paid the traffic ticket. I honestly thought it was not a huge deal. If I had had any idea I would have tried to fight that.

 

Here, the EMT is the driver, and the paramedic is the rider.  Is this never done where you live?  The rationale is that the paramedic, as the person with higher-skill level, is directly with the patient. 

 

P.S.  What happened to you stinks.  Pure stink.  :grouphug:

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Is there any chance that your insurer in the first accident, the one that wasn't your fault, would pay a portion of your lost wages now?  You are not losing wages from an injury, but you are losing wages from the accident.  That's a long shot, but it might be worth pursuing if the statute of limitations on claims has not expired.

 

I always thought no-fault insurance was a way of allocating financial responsibility, not legal fault, for an accident.  You definitely shouldn't have received points for an accident that wasn't your fault even in a no-fault state; that part of it makes no sense, which is not surprising for New York!

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Here, the EMT is the driver, and the paramedic is the rider. Is this never done where you live? The rationale is that the paramedic, as the person with higher-skill level, is directly with the patient.

 

P.S. What happened to you stinks. Pure stink. :grouphug:

That depends on the EMS system. I work in a dual paramedic system; we don't even hire EMTs.

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If you appeal, can you still work while the appeal is pending? If so, I would do that, and drag it out as long as possible. Then if it does go against you, perhaps you can get family leave, or a temporary leave of absence, for the remaining months until the oldest accident drops off the record.

 

:grouphug:  :grouphug:  :grouphug:

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If you appeal, can you still work while the appeal is pending? If so, I would do that, and drag it out as long as possible. Then if it does go against you, perhaps you can get family leave, or a temporary leave of absence, for the remaining months until the oldest accident drops off the record.

 

:grouphug: :grouphug: :grouphug:

^^This is what I was thinking. Maybe FMLA for your son's care until you can drive again? Then you won't have a dismissal on your employment record either.

 

Traffic court is sucky. There are so many legal implications to how one pleads that most people don't understand. Hiring an attorney for a speeding ticket seems like overkill until something like this compounds the situation. It shouldn't be that way! :(

 

:grouphug:

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I am a paramedic, so driving an ambulance is required. I'm pretty much SOL on any alternatives or restructuring.

 

I already pled guilty and paid the traffic ticket. I honestly thought it was not a huge deal. If I had had any idea I would have tried to fight that.

I would call an attorney and ask if they have any ideas. Maybe it is possible to appeal the parking ticket?
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We had a similar thing happen long ago, but just between us and the car insurance... One minor accident, two piddly things... I guess three is the magic number. It took us from preferred to high risk. I did call the insurance company, they reviewed it, and agreed their actions were too severe and put us to regular rates instead.

 

My only two ideas are:

1) Ask for a review of your specific record along with details of each incident.

2) If #1 doesn't work, then the incident I would go for getting off the record is the wreck that wasn't your fault. At minimum, if you have any paperwork saying it wasn't your fault, it should be considered.

 

If those don't work, I agree with running out the year. Maybe you could work at the hospital in ER?

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We run double paramedic for the most part. Our call volume is upwards of 20,000 a year and it gets too much for a single medic(divided over six crews during the day and four at night; yes, we need more crews on). So even if they change the policy, I will be truly run ragged. Even if I am having to go to a call and assist my partner and drive, it is a break from patient care. So we run double medic.

 

The first accident won't fall off until August 2016, so there isn't enough leave. they may offer me a leave of absence but there is no guarantee of my full time position on return from that. I also think its likely they would hire me back, but again, there may or may not be an equivalent position open.

 

My best bet right now is the appeal. I have the police report as well as a statement from the investigating officer that I was 0% liable.

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