"demand for payment" rejected - now what!!!

[GrampaPete]

What is the name of your state? Wisconsin

I was involved in an accident in which the other party was issued a ticket and the drawings clearly show how the accident occured. The only item that is in question is that she claimed she had her turn signal on but did not. The police concluded that it is was but the photographs at the scene show no signal on.

Anyway, wonderful ALLSTATE has sent claims to MY insurance claiming that I was more than 50% to blame, and laughs at my little demand for payment for personal property loss (my dog) and lost wages.

What action should I take? This is ridiculously unfair.

Thanks,

Grampa

[moburkes]

Explain how the accident happened, please.

[isue4you2]

Originally Posted by GrampaPete

What is the name of your state? Wisconsin

I was involved in an accident in which the other party was issued a ticket and the drawings clearly show how the accident occured. The only item that is in question is that she claimed she had her turn signal on but did not. The police concluded that it is was but the photographs at the scene show no signal on.

Anyway, wonderful ALLSTATE has sent claims to MY insurance claiming that I was more than 50% to blame, and laughs at my little demand for payment for personal property loss (my dog) and lost wages.

What action should I take? This is ridiculously unfair.

Thanks,

Grampa

Didn't you already post the accident facts, requesting the value of your claim and if you or your attorney should write the letter?

[moburkes]

No. He only posted that he was at fault. I wouldn't have asked for the details if they were in the other thread. Why don't you quote them, if I missed them somehow?

[isue4you2]

You are correct; his 11/12 post did not address facts. Tell us, GranpaPete, exactly what happened.

[GrampaPete]

Here are the facts in my accident...

I was traveling at the speed limit on a county highway approaching an unmarked intersection. There was a van pulled off to the right hand side of the road which suddenly, as I approached, tried to do a left turn onto the intersecting road thus crossing my lane of traffic without warning. I t-boned the van, and the impace pulled my car across the yellow line. Both the local police and the State Patrol responded and she was cited for illegal left turn and the drawings on the report clearly show what happened. In addition, I got copies of the photos taken at the scene by the State Patrol officer which clearly show what happened.

The other party has continued to claim that they were simply driving down the road, had their turn signal on, and were suddenly t-boned as they made an innocent left hand turn. Their position is that I must have been stupid enough to try to pass them on the left!!!

Despite the police report and photos, and as I was preparing my little demand for payment letter, my insurance company notified me that Allstate had put them on notice that they are subrogating their party's claim.

Obviously I am stunned and more than a little angry. I wonder how in the world this would happen and also if my company is handling things correctly. Rather than notify me, should they have just laughed at this and said "don't worry"?

I did write to the state insurance commissioner to ask what rights I have in the findings of relative negligence.

I assume that this will work itself out in my favor so that I can collect from Allstate, but it sure is a shocker to me (of course, I come from the old school of honesty and integrity).

Grampa Pete

[GrampaPete]

Let me skip the previous reply that I made to get to my point. I t-boned a van that tried to do a uturn (or left turn) in front of me from the right shoulder of the road. They were at fault, clear as day. Photos prove it, police report supports it.

Wisconsin is a state that uses comparative negligence. Allstate, despite the overwhelming evidence, is trying to get my insurer, Acuit Mutual, to pay. Given my age and trauma and grief that I am going through, the adjuster should have told me nothing and just fought for the right assessment of negligence. Telling me that I have little chance of recovering anything for Allstate just got me riled up. Please comment on my current plan:

Contact the state insurance commissioner to see how the process of determining comparative negligence works...and if I have recourse if I wish to challenge the determination.

Assuming that I can prove negligence of less than 50%, proceed with a demand letter to Allstate (WHEN I POSTED EARLIER ISUE4YOU INDICATED THAT MY CLAIM WOULD BE WORTH $5-7K).

If I do not get satisfaction, go to small claims court.

Your feedback on my plan, and additional advice are absolutely invited. This is my first claim in 47 years of driving, and I am pissed enough to follow this to the bitter end.

Grampa Pete