This is to acknowledge receipt
of your correspondence dated June 21, which was received in our office on June 27, We have reexamined our file and liability decision once more
Copies of both drivers' transcript statements have been attachedWe do agree with *** *** that our
insured
holds most of the liability for turning from
the middle lane to enter the right
lane*** ***, Ms***' driver, in his statement admits that the nose of
his vehicle was barely past our insured's blinker, seeing our blinker and speeding up to avoid the collision. Impact was
to Ms*** side doors with our insured's right front fenderAs
the loss happened in ***, Virginia; Virginia's
Contributory Negligence Law of 1% bars recoveryBased on the claimant ' s own statement, he admits to seeing our insured's
blinker prior to speeding up. Therefore we feel he contributed to the loss by 30% and will unfortunately be unable to
reimburse her for the damagesWe have spoken to the claim adjuster regarding the issue with
returning calls and apologize for any inconvenience that might have occurred. She stated that she did play telephone tag with both *** and *** ***
and could not recall not returning any phone callsShould you have any further questions regarding the
above, please do not hesitate to contact the undersignedSincerely, Heidi B
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
My apologies for not letting this go. However, I was with my husband when he gave the statement. When he said he was at the back of her vehicle he is saying his person not his vehicle. He even told her that he could look out his driver side window. If the driver of the other vehicle signals and brakes then my husband should not have hit his brakes. Along with what they say about in VA if you are 1% at fault the other persons insurance isn't responsible for your vehicle, I just add that by VA law you as a driver are required to make sure the lane you need to merge into is clear before you merge into it. Unfortunately, the lane their driver needed/wanted in was not clear and she did not make sure of this before she merged. Regarding the phone calls, yes she did return calls however it would be a day or two later. I called from my cell phone and got no answer so I called from a phone at my work and she answered immediately. I said to her "this is [redacted] I believe we have been playing phone tag for a few days." Very rudly she asks "I'm sorry you are who and what business did you say you were calling from?" She got very defensive and acted like she was upset that she had answered my phone call & I got the impression she answered because the call came from a company phone. She left a message telling me they were denying our claim. I called her back with in half an hour, left a message for her to return a call, it was over 24 hours later she returned a call. I called back left another message and it was over 24 hours before she returned a call. These phone calls are starting at about 9am. It should not take that long to return a call. I understand she is busy but you can return a call. My husband called & left her a message, she called the next day and unfortunately he was out of service. He returned her call that day and that phone call she never returned a call.
Regards,
[redacted]
This is to acknowledge receipt
of your correspondence dated June 21, which was received in our office on June 27, We have reexamined our file and liability decision once more
Copies of both drivers' transcript statements have been attachedWe do agree with *** *** that our
insured
holds most of the liability for turning from
the middle lane to enter the right
lane*** ***, Ms***' driver, in his statement admits that the nose of
his vehicle was barely past our insured's blinker, seeing our blinker and speeding up to avoid the collision. Impact was
to Ms*** side doors with our insured's right front fenderAs
the loss happened in ***, Virginia; Virginia's
Contributory Negligence Law of 1% bars recoveryBased on the claimant ' s own statement, he admits to seeing our insured's
blinker prior to speeding up. Therefore we feel he contributed to the loss by 30% and will unfortunately be unable to
reimburse her for the damagesWe have spoken to the claim adjuster regarding the issue with
returning calls and apologize for any inconvenience that might have occurred. She stated that she did play telephone tag with both *** and *** ***
and could not recall not returning any phone callsShould you have any further questions regarding the
above, please do not hesitate to contact the undersignedSincerely, Heidi B
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
My apologies for not letting this go. However, I was with my husband when he gave the statement. When he said he was at the back of her vehicle he is saying his person not his vehicle. He even told her that he could look out his driver side window. If the driver of the other vehicle signals and brakes then my husband should not have hit his brakes. Along with what they say about in VA if you are 1% at fault the other persons insurance isn't responsible for your vehicle, I just add that by VA law you as a driver are required to make sure the lane you need to merge into is clear before you merge into it. Unfortunately, the lane their driver needed/wanted in was not clear and she did not make sure of this before she merged. Regarding the phone calls, yes she did return calls however it would be a day or two later. I called from my cell phone and got no answer so I called from a phone at my work and she answered immediately. I said to her "this is [redacted] I believe we have been playing phone tag for a few days." Very rudly she asks "I'm sorry you are who and what business did you say you were calling from?" She got very defensive and acted like she was upset that she had answered my phone call & I got the impression she answered because the call came from a company phone. She left a message telling me they were denying our claim. I called her back with in half an hour, left a message for her to return a call, it was over 24 hours later she returned a call. I called back left another message and it was over 24 hours before she returned a call. These phone calls are starting at about 9am. It should not take that long to return a call. I understand she is busy but you can return a call. My husband called & left her a message, she called the next day and unfortunately he was out of service. He returned her call that day and that phone call she never returned a call.
Regards,
[redacted]