According to your passage, you only qualify for the insurance company's discount if they do not have to pay out a claim. It does not say that you will still qualify for the discount, if the claim they have to pay is the other party's fault. If you want to protest this, you will need to contact your local department of insurance. I do not know how much they will be able to help you. But, that is where you will need to go to file a complaint.

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