Rear ended update - I am listed as Driver

[PetMom]

Even worse as the cell phone driving driver that rolled/backed up into a young driver being as how I was distracted talking.

At first I thought this was a misread of our claims rep last week that I was in the car with my husband.

Alarmed that there was some discrepancy I asked for the statements made by both parties.

I could not get the statements I was told. But, could get a summary of the statements to read.

I was told I was emailed these and never received even a summary because they decided I could
not even have that.

Then the Claims rep, after explaining that, read off that I was the only driver and I was on my cell phone and caused this accident by being so distracted I rolled back.

We can only get the records if we got to court (which we are doing - small claims costs $120.00)
and we send in Court Docket number and info. We have to go to court to get the records - but had planned it but now it has become urgent to do so immediately to be able to read obviously inaccurate statement. That could be a mess just trying to sort out and prove who was the driver of our vehicle as I do not know where this discrepancy originated.

Have worked years to maintain a flawless driving record (not even a speeding ticket) and now this. Surely this goes on some data base that affects insurance rates and tarnishes my record.

I would tell anyone (and we mentioned this on original thread I posted about this) get a police person to the scene automatically. They write in report who was in car, details, exactly where it was, etc... Even a 'fender bender' can be $1800.00 worth of damage. If they balk to coming out - say that you need an official report from a disinterested party.

$620.00 is cost of this so far. (deductible and small claims court filing fee).

[creditcardfree]

Geez. It's getting worse for you. Best wishes that the judge can see the truth.

[Like2Plan]

Petmom,
Can you get any help from your state ins commissioner for better cooperation from your ins co?
I am a little confused about filing in small claims court, though. It seems like your beef is with your ins co. Even if you prevail on your claim and get the deductible covered, your ins company will still have this accident with you at fault. (Unless you are making a claim against your ins co?) If you take payment from the ins company, they generally make you sign paperwork which could prevent you from any futher legal action (be careful what you sign.)

It seems like you could easily disprove the cell phone claim with phone records. Is the car in question a stick shift or an automatic transmission? Was the stop on a hill? Would you be able to easily prove you weren't even in the car?

[PetMom]

Still perplexed how I cannot get even a statement summary, can understand how turning over the detailed statements might invade the other party's personal info, but the summary thing is baffling.

That almost makes you file a small claims to get to read the statements.

My ins. co. told me they believe me. Which is good but what if someday I change and this is on my record. Adding to the confusion I am the policy holder so therefor the phrase 'Claimant' is used throughout the statements which is considered the policy holder (me) which sort of explains the quick readings involving me being there.

I am sure the non releasing of statements must be an insurance industry policy and am not considering filing a complaint (but good to know that is an option for people).

We are just going the Small Claims route and they will release the records.

And good point about the cell phone records (those are used all the time in evidence). If the official statements have me there I will certainly consider how to get those.

A true money saver would have been to call the police, no matter how friendly and admitting to guilt the guy is who slams into you. That can change on a dime. Then you are paying court fees to get things straightened out.

I do know that getting served a notice of a lawsuit is a sort of shocking thing to people, a person (sometimes a sheriff) knocks on your door and will wait until the person signs for it. It has been nearly a month since this has happened and Junior and Dad are sitting easy thinking we are probably not going to do anything. The $70.00 portion in the filing fee covers this cost and is worth every penny.

[BlackDiamond]

I am truly befuddled by all of this.

As I've said before, I am a claims adjuster for an insurance company in MA.

If one of my customers had a rear end collision and the damage was to the rear end of their car, I would waive their deductible and pay their claim. The end. 9 times out of 10, I waive my customers deductible without even talking to the other person. The only way I would not do this would be if something seemed really fishy or if my customer had numerous prior incidents.

If the person who rear ended my customer said that my customer backed into them, I would tell them sorry, but you have to use your own insurance and tell your story to your insurance company. If the person who claimed my customer backed into them put up a MAJOR fight and threatened suit, I'd settle at 50% and pay them 50% of their damage which would have NO effect on my customers policy/rates etc.

My customer would never even need to know if it was settled at 50%. We do settle at 50% sometimes, just to keep it out of court. In MA, a 50/50 claim means neither party is found at fault and if both parties just use their own coverage, both get paid in full. If one has to go thru the others insurance, they will get 50% but that's what they get for not having their own insurance. Assuming both parties have their own collision coverage, they both get paid in full and no premium increase. This 50/50 solution is often used for conflicting stories.

Also, if you were listed as the driver and that was not correct, I would simply fix it in my computer. If it was an at fault accident, say you hit a tree or something, and the surcharge on your record had already been processed, I would fix it in my computer and rescind the surcharge and re-issue the surcharge to the correct driver. It is that simple.

I am seriously disgusted by your insurance company. I realize laws vary state to state but this is just ridiculous.

[PetMom]

This is that big famous military ins. company - actually owned by members (I found out - who obviously have very little say in matters).

Learning a lot from all this and from your post on other thread I called and asked/pleaded hardship/pointed out I was a good customer for years of on time payments - never trying to hassle them over getting lower rates, etc. They actually had to go to supervisor and call me back. No. No break on deductible - not even a hundred dollars off. (But I was glad to have a question to ask them like that - never even knew such a concept existed). Besides they told me it was stated in my policy.

They are supposed to be so big and great and you have to know someone to get in (military relation). They do have good customer service and I got to where I was pestering them almost
daily for a while - they always remained polite. Small wonder they brag of their profits as they don't do courtesy deductible waivers for long time clients.

They do believe our story but are callin it 'word for word'. And making us do the work to get the deductible of $500.00.

Now we are going on to small claims (as to also get copy of statement) and meet Junior and watch him perjure himself.

When this happened our ef had sunk low. I was already stressed over that then it just seems like other stuff just happens (such as being told you are the driver distracted by talking on the phone) and
realizing you may have to get an attorney just to straighten out this mess for my perfect driving record.

Then the vacuum cleaner broke!

Anyway, after super red alarm budgeting we have our emergency fund fattening up and are about ready to get the truck repaired and get the small claims going and we fixed the vacuum cleaner on our own.

I actually spent some time reading about some complaints about good ole U S of AA and seems a lot of people think they are putting profits before people.

But you do end up questioning the customer care of an ins. co. that would desert you in your time of need, the truck could have been nondriveable and that would have mattered little to them.

[BlackDiamond]

I am so sorry you have to deal with this. I know insurance laws vary state to state but like I said before, as a person who makes customer service deductible decisions every day, I think your insurance co is being ridiculous.

[PetMom]

If you had not pointed this whole waive the deductible thing out and my being denied this I would not have really sat down and read about how this co. has truly changed.

Yesterday, I read a lot of complaints about them (and some people still give them a good review) but the worst were from people like us. Been with them for years, are very loyal and a lot of them have most of their financial stuff with them. They send out a magazine frequently with a smug guy or a sappy picture on the cover and that shows us all their assets.

Then they try to pitch all their services. Even investing, retirement, banking, etc...

There I had been pestering my husband we needed to change our home ins. over to them and other things (we just have car ins.).

Not now. No way after reading how they are treating some people and after what happened with us.

If a company started out with great service and fantastic reputation don't assume it stays that way. Always keep up to date on consumer feedback and learn. And I guess diversify your bank/investments/insurance needs with different companies.

[terces]

Good to know your feedback of them. I have life ins through them as was thinking of getting a quote for the rest... probably not now.