From: Phil Osborn (philosborn2001@yahoo.com)
Date: Thu Dec 12 2002 - 19:11:21 MST
Continued....
At the point that the Allstate agent informed me of
her client's position that I was somehow at fault, her
entire position regarding compensation also changed.
She still wanted me to get an estimate, but gone were
any offers of temporary transport, etc.
Since her position was that I might be partially at
fault, I contacted my insurance company to get their
reaction. They maintained that I was not at fault at
all. Of course it was also clear - which they and the
attorneys with whom I discussed the issues - verified
- that if I accepted ANY settlement money from
Allstate, then that would be equivalent to an
acceptance of the terms and conditions, implicitly
agreeing to Allstate's assessment of my joint
responsibility. Naturally, Pacific Specialties - my
company - would be happy to deny any responsibility on
my part, as otherwise they would have to fork out for
the damage to the "sergeant's" RAM.
It was also clear that if Pacific Specialties refused
to pay, then I was next in line. Since the Dodge RAM
was worth a lot more than my motorcycle, then I could
end up owing money to the "sergeant" for his
rear-ending me.
Ultimately, I got a copy of the CHP report, which
clearly and unequivacably listed the "sergeant" as
being at fault for driving at an unsafe speed for
conditions. I'm sure that Allstate has a copy as
well. However, I then received a letter from Allstate
informing me that after finally talking to the one
witness, they had determined that the accident was 50%
my responsibility.
So, at this point, I am still riding my wreck. If I
even turn in an estimate to Allstate, I fear that this
may be taken as an agreement to their assessment. I
spoke with a state insurance person who basically
verified my assessment of my predicament.
Since the total damages to date on my side may be
less than $5,000, that means that I am stuck with
Small Claims Court. I.e., the only way an attorney
will represent me is if I pay them up front, which I'm
sure that Allstate fully grasps. If I do go into
Small Claims Court, I will be trying to sue a likely
cop. I haven't been able to contact the witness that
Allstate cites, and they aren't saying what he said to
them.
Of course, I don't know how much the bills for the
medical are at this point either. My wrists are still
bothering me, as well, and I was unable to get the
therapy that my Blue Cross specialist recommended
because the travel distances were too great for the
wreck to reliably handle, and the strain of the ride
would probably offset any positive effects anyway. If
I switch medical groups now, I might be able to get
therapy close to home. Then the medical bills would
be a whole lot bigger, perhaps pushing the liability
into the regular court range.
Isn't the system wonderful?
Perhaps I'm being a little paranoid about dealing with
an apparent cop in court, but I recall when a lady
rear-ended my previous bike in San Francisco. Her
insurance company fell all over itself to take care of
me, and I was careful to minimize the damage in
dealing with them. If I had tried, I could have
gotten $10K. I settled for $2k.
This time, seven years later, I am amazed at how
viciously Allstate is behaving. Their agent makes no
pretense of hiding her hostility, now that they think
they have me under their thumb. And the only ace they
have in their hole, as far as I can see, is the
official position of their client.
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