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Re: [TR] My TR6 Accident Continuing Saga Now at 2.5 Weeks

To: Marty <marty.tr6@gmail.com>, triumphs <triumphs@autox.team.net>
Subject: Re: [TR] My TR6 Accident Continuing Saga Now at 2.5 Weeks
From: Steven Newell <steven@newellboys.net>
Date: Sat, 07 Feb 2009 18:33:43 -0700
Marty wrote:

>...I told their claim handler that while I understood her
>statement that the lane change "contributed" to the accident she could also
>claim the fact that I was on that road at all at that point in time
>also "contributed" to the accident but that I didn't agree that that made me
>at all at fault. I said I guess that maybe I needed to contact a lawyer and
>she then said goodbye and hung up on me.
>
Marty, just a heads up... that claim handler's job is to get you to 
acknowledge that you were partly to blame. Be really careful, or better 
yet let your insurance company handle it. First, that's why you pay them 
premiums, and second their lawyer won't say he understands your lane 
change contributed to the accident.

For example, I handled all the calls when my wife was broadsided by a 
little old lady pulling out of a side street -- same kind of accident as 
you. It totalled her Saab 900. The OPPOSING claims guys called that 
afternoon and tried a few tricks: "so, your wife wasn't very familiar 
with that street?" I said "actually that's the street she drives home 
every day." Later he tried "so you said your wife was driving pretty 
quickly?" I said "no, I never said that. In fact, I'm confident she was 
driving within the speed limit; the intersection at the bottom of that 
hill has one of the most famous red-light cameras on this side of 
Denver. Everyone knows there's a short yellow there, and traffic never 
moves quickly there." I also stressed that Pam was paying attention, and 
changed lanes from the curb lane to left lane to try to avoid the little 
old lady pulling out. The passenger side impact still spun the Saab over 
180 degrees, but the lane change at least avoided a front corner hit.

Then I reminded the claims adjuster that only the little old lady had 
been ticketed, and they could take up any other questions with USAA, my 
insurance company. Finally, I reminded him that the Saab was in a tow 
yard where it would cost his company $25 a day, and we'd need a rental 
car until they settled. At over $50/day in ongoing expenses, the check 
for the Saab came fairly quickly. Thank god, because we hated that new 
rental Jeep. How do people stand new cars?

Steven Newell
'62 TR4
'87 BMW 535is, '88 535is, '85 535i, '87 528e
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