Hows This Sound ?

Nomad · Post by **Nomad** » Wed Oct 29, 2008 7:10 pm

On or about September 29, 2008, the following incident or act occurred:

I ***** ******was traveling east in the middle lane on Olson Memorial Highway just east of Bryant ave. on my motorcycle a 2001 V Star 1100 Custom.

You were traveling in the same direction in the lane to the right of me. You were motionless in your vehicle when as I passed you at a rate of speed of about 15 mph you cut into my lane. Your vehicle's front left fender hit my motorcycle damaging two exhaust pipes, scuffing the right rear saddlebag, bending the right brake lever, and bending the rear brake pedal in half. As you hit me instead of stopping your vehicle you continued moving your vehicle into the middle lane as I attempted to move sideways but was unable to thus furthering the damage to the motorcycle.

You exited your vehicle to examine the damage to your fender and seeing minimal damage you shrugged your shoulders and re-entered your vehicle at which time I had to ask you to pull over as you had just hit me.

At that time you made a phone call and a person known to you appeared within approximately 10 minutes at the scene of the accident. This person translated on your behalf. This person whos name is unknown to me told me to get an estimate on the damage and to ask you directly for reimbursement.

I opted to contact your insurance company instead. ******* *********provided me with a claim number ********** Your policy number at the time of the accident was *********** Your insurance adjustor contacted me several weeks later to inform me he was denying my claim due to the statement you gave to him that I was the one who hit your vehicle and it was your word against mine and also since the police were unable to send an officer to the scene a report was not filed. I did contact the Minneapolis Police Department at the time of the incident and they advised me to exchange pertinent information with you.

Your statement to your insurance adjustor concerning fault was blatantly untruthful.

At the time of denial by your insurance company I was left with no choice but to file the claim with my insurance company ******** ******. They settled the claim with me for the amount of $1784.60. This amount is minus my $500.00 deductible which is the amount I am pursuing from you.

The total damage estimate of $2,284.60 was done by Cities Edge Motorsports in Shakopee, Mn.

You must remit payment of $500.00 to ***** ****** within 30 days of reciept of this letter.

As a result of this unfair or deceptive act or practice, I suffered injury or loss of money as follows:

After a partial settlement with******** ****** *********, my provider Im left with a balance of $500.00 needed for repairs to my vehicle.

Therefore, I hereby demand the following relief:

$500.00

You have the opportunity to make a good-faith response to this letter within thirty (30) days. Your failure to do so-could subject you to attorney’s fees and costs if I decide to institute legal action.

Sincerely,

***** ******

CARLA · Post by **CARLA** » Wed Oct 29, 2008 7:36 pm

Sounds good Nomad. Shouldn't any insurance adjuster be able to look at your motorcycle and her car and determine who was at fault without the aid of the police? They do this all day long.

Nomad · Post by **Nomad** » Wed Oct 29, 2008 7:37 pm

CARLA;1039115 wrote: Sounds good Nomad. Shouldn't any insurance adjuster be able to look at your motorcycle and her car and determine who was at fault without the aid of the police? They do this all day long.

They also deny all day long.

CARLA · Post by **CARLA** » Wed Oct 29, 2008 7:44 pm

This is true but shouldn't your insurance company at least go to bat for you??

[QUOTE]They also deny all day long.[/QUOTE]

Nomad · Post by **Nomad** » Wed Oct 29, 2008 7:51 pm

CARLA;1039120 wrote: This is true but shouldn't your insurance company at least go to bat for you??

They tried and they did pay me but he lied. I should have grabbed a witness but it was rush hour and I was really shook up.

CARLA · Post by **CARLA** » Wed Oct 29, 2008 7:58 pm

Bummer maybe you will get a response from your letter, maybe not. It is sad but you can't make people be honest. :-5

[QUOTE]They tried and they did pay me but he lied. I should have grabbed a witness but it was rush hour and I was really shook up.[/QUOTE]

Nomad · Post by **Nomad** » Wed Oct 29, 2008 7:59 pm

CARLA;1039132 wrote: Bummer maybe you will get a response from your letter, maybe not. It is sad but you can't make people be honest. :-5

If he doesnt respond Ill take him to small claims court.

Im in it for the long haul now.

CARLA · Post by **CARLA** » Wed Oct 29, 2008 8:46 pm

Good for you something just have to be made right.

[QUOTE]If he doesnt respond Ill take him to small claims court.

Im in it for the long haul now.[/QUOTE]

Kathy Ellen · Post by **Kathy Ellen** » Wed Oct 29, 2008 8:56 pm

Nomad;1039133 wrote: If he doesnt respond Ill take him to small claims court.

Im in it for the long haul now.

This sounds like a case for Judge Judy to try Nomad....give her a call and then we can see you on the telly :-6

Good luck:-6

Rapunzel · Post by **Rapunzel** » Thu Oct 30, 2008 2:20 am

I hate that people can get away with this crap. Give us his name and work address and we'll flood his office with complaint mail until he coughs up or gets fired!

Also, I think you should bill him for the whole amount as taking money from your own insurance company will put your premiums up! Don't forget to claim for any loss of earnings too and also for shock and injury to yourself! Its worth a try! If you claim $500 from him you might get $250 if you're lucky, bill him for $3,000 you might get the $500. It's worth a shot IMO. :sneaky:

Chezzie · Post by **Chezzie** » Thu Oct 30, 2008 3:03 am

Sounds great and I think I need your help for my claim.

I was leaving my works carpark which is on a one way system, I looked left for any traffic then right as although its one way, theirs families walking home from school at 3pm when I leave work...nothing there, another check to the left and nothing so I start to come out turning right and bam a car hits me coming down the wrong way. She admitted she was lost, she was a reporter rushing to a news conference at my place of work, she admitted fault, I was panicking as my kids come out of school at 3.15pm. We swapped details and off I went. Her car wasnt really damaged, just a plastic strip came off from down the side of her car, I have a hole in my bumber where the water unit that cleans the front lights has been ripped out and a dinted front bonnet and the bumper is damaged.

This happened Jan 29th and im still waiting for it to be resolved...

:mad::mad:

Good luck with your claim Nommie:-4

flopstock · Post by **flopstock** » Thu Oct 30, 2008 7:21 am

Were you partly at fault? :-2

I don't undertand why you wouldn't go after the full amount..

shelbell · Post by **shelbell** » Thu Oct 30, 2008 12:20 pm

Did you leave any skid marks when you were trying to avoid him? Go back and check...this would show one tire skid, not 2. If it's still there, take lots of pictures.

I worked in insurance for 5 yrs and the burden of truth lands on you. Some states have a law (contributary negligence) where you are partially at fault just because you were there. It's a case of he said, he said, and if the guy lied There's not much you can do about it. In cases like these I've seen many cases that your company pays your damages and his company pays his and it's noted as an accident claim against your record as well as his. I know this isn't what you were wanting to hear, but you'll probably end up eating that $500. I'm hoping your letter will cause him to just pay you because he doesn't want to go to court. Good luck!!