October 28, 2012
Insurance Company: Nationwide Mutual Insurance Company
Coverage Type: Auto/Boat/Motorcycle
- Claim Handling - Unsatisfactory Settlement/Offer
Accident happen 5/31/12 morning 7:30 am.
Nationwide policy holder hit driver side of my truck, blew up rear tire on same side.
She just cleared from stop sign, speeding on her shorter curve, cannot control her speed, passed center line to my roadway and hit side of my truck.
She did not stopped after hitting my truck and kept going.
When I called her insurance at that day afternoon, to follow up claim I placed at 7:40 am that morning, her insurance said, she
said, she did not stop because of construction zone. On the police report, I filed at that morning, police noted - no
construction zone, on Police report 12SP023900 - Department of Public Safety - Southlake Police.
I found her on the next intersection, when I showed her damaged on my truck, the 1st statement come out from her in a sense is
this: "I think my wheel is out of alignment".
She left accident scene, did not want to wait for police to come, with excuse has to go to work. She was wearing tang-top and short, coming to my neighborhood, 40 miles away from her residence. Accident happen in my neighborhood.
Police did not come till 9:40 am, because when I called around 7:50 am, I mentioned is not emergency, even though my thumb was
bleeding, trying to change tired and scratch by wheel nut cover, on sharp edges, scrapped by the front driver side of her car
hitting it. When I called it was to Grapevine Police, it took time for Grapevine Police to forward call to Southlake Police,
because crash was on Southlake City Jurisdiction. I called Southlake police also after that. Here are my sprint cell phone
history show all call made to Nationwide, grapevine police and southlake police:
108 05/30 07:40 AM 877-262-0247 Toll Free Call AU 30:00
109 05/30 08:11 AM 800-532-1212 Toll Free Call AU 4:00
110 05/30 08:20 AM 800-532-1212 Toll Free Call AU 24:00
111 05/30 08:45 AM 817-410-3217 GRAPEVINE,TX AU 4:00
112 05/30 09:03 AM 817-410-8127 Incoming AU 1:00
113 05/30 09:04 AM 817-748-8149 GRAPEVINE,TX AU 2:00
114 05/30 09:08 AM 602-561-4204 PHOENIX,AZ AU 2:00
115 05/30 09:12 AM 817-657-8514 ARLINGTON,TX MM/AU 1:00
116 05/30 09:13 AM 817-424-1534 GRAPEVINE,TX AU 4:00
117 05/30 09:14 AM 817-743-4000 Incoming CW/AU 3:00
118 05/30 09:17 AM 817-424-1534 GRAPEVINE,TX AU 6:00
119 05/30 09:29 AM 817-748-8149 GRAPEVINE,TX AU 1:00
120 05/30 09:42 AM 817-748-8149 GRAPEVINE,TX AU 2:00
Took 30 min of my time to call Nationwide to place claim at 7:40 am, on Claim# 17842 A 329168
Police came around 9:40 am, wrote the report. The next day I follow up with police, police got her story over the phone, she
said I hit her driver side door, passing center line to her roadway. Her story conflicting with evidence on policy report.
Police make drawing on police report showing her car position as unit 1 on shorter curve, and my truck as unit 2 on longer
curve. It is impossible with this position my truck to hit her car and no damage on front driver side of my truck. If my truck
hit her car, the front driver side of my truck should have damage.
I followed up with Police with emails, phone call, drive to police station several times, altogether took 6 hours to get
report corrected. Police made physical investigation on her car damaged and confirmed from body shop repair, her front driver
Police update the damage rating on her car to include front driver side damage on existing damage rating on her driver side
door. My damage rating stay the same, toward back of my truck driver side. No damage reported on my front truck.
It took me another 3 hours to explain the accident to my insurance, because her insurance file claim against my insurance, and followed up with my insurance if can assist me, since I have only liability coverage.
From crash photo, that I emailed my insurance and my explanation, my insurance denied her claim. In denying her claim, my insurance told me she has pattern of accident records, this is not her 1st. I have never have accident, this is my 1st one and I am not at fault.
Nationwide came to take photo of my truck damage 6/2/12.
Since then, I made several phone calls and emails to claim adjuster, his supervisor and no response, until later on June 2012, he denied the claim. Early July, I follow up with his supervisor with no response, other than he said he received my email.
9/20/12: I filed Small Claim Court in City of Southlake Court office.
Oct 4, 2012: Nationwide called me to settle the case before Court Hearing, agreed to pay damage $2629.40 based on Nationwide
appraisal. I said to Nationwide that was not enough, my Classic Chevrolet Body Shop repair give me estimate $3,554. I asked Nationwide to cover all the damages. Nationwide agreed to give supplement up to $1000. I asked for car rental reimbursement,
Nationwide only give $120. My truck was in body shop from 10/9/12 - 10/16/12, $120 is not enough to cover 7 days rental.
When I dismissed the case, Judge happened to assist clerk because they are short handed. Judge ask me has the insurance pay you, I said no. Judge said they are asking to much. Then he said, he dismissed the case without prejudice per plaintiff, and asked me to come back in 10 days to keep case open or close if insurance pay or not. Judge said to come back an hour later or after lunch, to pick up paper work, because they are short handed. I came after lunch, picked up the paper work. Then I called Nationwide insurance, Nationwide did not want to pay until case dismissed with prejudice. I have to spent another 2-3 hours to consult with my 2 attorney friends, conference call with nationwide, since legally, dismissed with prejudice give me no recourse to the court if Nationwide did not pay, after case dismissed. Finally I agreed to dismissed with prejudice, since Nationwide has emailed me the physical damage release form with amount agree to pay. Judge and my 2 attorney friends indicated this is not the proper way to dismiss case, if payment has not been made. Then I went back again to the court to dismiss with prejudice. All these process take about 3 hours of my time. The next day I brought my truck to body shop.
It is irritating to have claim settled this way, where I have to file small claim court to get paid, and take 20-25 hours of my
time between communicating with police, came to police stations several times to correct the report, communicating with
Nationwide, my insurance, went to body repair shops for estimate, bring the truck to repair, lost of work hours, interrupted my regular business hours work schedules for several days. It was humid and rain that accident morning 5/30/12 Wednesday, create a hassle and uncomfortable environment, dirty, changed rear tire with my spare tire by myself wearing my office long sleeves and slack attire.
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