Date: Thu, 7 Jan 1999 00:22:43 -0500
Reply-To: The Bus Depot <ron@NETCARRIER.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: The Bus Depot <ron@NETCARRIER.COM>
Subject: Re: Legal Advise Please ...[Fwd: Crash Report]...[longish]
Content-Type: text/plain; charset="Windows-1252"
>"Our investigation has revealed that in an attempt to drive around a
>staled vehicle you backed into our insured's vehicle causing the
>collision."
Well, this is a little odd, isn't it? For what reason would you possibly
put your van into REVERSE gear after driving around a disabled vehicle?
Perhaps if you went around him and cut back over into your lane too soon,
you could have sideswiped him. But if your van is damaged in the rear, then
you'd literally have had to drive around a stalled vehicle, then stop
directly in front of him and BACK into him. No reasonable insurance company
or court of law would believe that explanation. I'd expect that his
insurance company's "investigation" simply involved asking the other fellow
what happened. They have nothing to lose by simply telling you "no" and
hoping you go away. It reminds me of UPS's insurance department, whom I
have the pleasure of dealing with about once a month. Theu have a team of
"adjusters" whose only job it is to tell you that the insured package they
damaged was "improperly packed," regardless of how it was packed. From my
experience, literally 100% of shippers whose damage claims exceed $100 are
given this line, as a matter of course. UPS is simply playing the odds that
a certain percentage of people will take "no" for an answer and meekly go
away. If you don't go away, then they get on to the business of actually
investigating your claim for real.
I'd contact my insurer if I were you, and also ask the other insurance
company for a detailed copy of this so-called "investigation." I'm sure
you could easily punch holes in a statement as absurd as this guy's claim.
If your own insurance agent can't/won't help you, find out what state
government agency regulates insurance carriers in Florida and contact them
for advice and assistance. Get nasty and be persistant. The odds are that
if you scream loud enough, go high enough in the chain of command, and
threaten to become a bit of a headache, the insurance company will pay what
amounts to a relatively minor claim to make you go away.
Good luck,
Ron Salmon
The Bus Depot
http://www.busdepot.com
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