State Farm has increased our premium under the NC SDIP point system, claiming that we were negligent.
However, we maintain that we were not negligent, and that we did nothing to cause an accident.
State has no proof whatsoever that we were negligent. They did not send an agent to view the conditions of the road at the time and have no way of determining that we were negligent. As stated, NC Law requires the driver to be "Free Of Negligence" to avoid being assessed SDIP points. Black's Law Dictionary (5th Edition) which states, in part:
"Negligence is the failure to use such care as a reasonably prudent and careful person would use under similar circumstances; it is the doing of some act which a person of ordinary prudence would not have done under the circumstances or failure to do what a person of ordinary prudence would have done under similar circumstances. Conduct which falls below the standard established by law for the protection of others is unreasonable risk of harm; it is a departure from the conduct expectable of a reasonably prudent person under like circumstances."
We have stated that we drove with great care, and acted as an reasonably prudent person would have done under similar circumstances, and meet all the care, and reasonable prudence requirements of the definition of Black's Legal definition.
We therefore dispute State Farm's claim, they are not only unable to prove that we were negligent, but are not able to prove that we didn't act in a careful and prudent manner. State Farm has wrongly assessed SDIP Points. We accuse State Farm of being dishonest and of misrepresenting the facts to their own benefit,.
Product or Service Mentioned: State Farm Insurance Claim.