HI,
I took a friend home the other night. In his apt comlex i was trying to stop at a stop sign. somehow my car was slided forward a little because of the icy road and fell into a pothole. I didn't see it before one of the front wheels was swallowed into it. my car got stucked. there might be some minor damage underneath of the bumper and the body. I called my insurance for assistance and the agent told me that it shouldn't be my fault and so i filed the claim. but then the person who reviewed the case said that it was me at fault, because I should pay attention to the road condition. now I'm in such a hard position. coz if the first assistant told me that it was me at fault, i probably won't file the claim which only $100 more than my deductible. second, i actually wasn't sure if the hole was there or not before i ran into it. if there was only surface crack and after I stop on it, it crashed and I fell in, then it shouldn't be my responsibility to pay attention to the road since I wasn't able to predict there will be a pothole there. third, what if I can't prove that the hole wasn't there before I got there, and the insurance judged me at fault, can I sue the aprtment complex?
actually my damge is really minor, i was thinking since it wasn't my fault, and they are going to pay, why not getting it fixed. now I have take the risk of my premium going up, it's not really worth just for around $100 payment. but the agent mislead me and now I have to go through these trouble. the claim agent said that once I claimed it, I couldn't cancelled it. what shall I do at this moment? thanks!