THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net


S U M M A R Y


DIARY: March 30, 2006 05:43 AM Thursday; Rod Welch

AAA claim letter to Millie on incident leaving BART.

1...Summary/Objective
2...CSAA Finds Millie 100% at Fault for Damages in Car Accident on 060215
3...Determination Millie 100% Fault Conflicts with Evidence
4...Dispute Procedures to Contest Incorrect Insurance Determination
5...CSAA Determination of 100% Fault Disputed Millie Submits Notification


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CONTACTS 
0201 - California State Automobile Associa                                                                                                                                O-00000856 0606
020101 - Mr. Landon Howard; Claims Adjuster
020103 - Claims Department

SUBJECTS
CSAA Letter Dated 060317 Notifying of Determination Millie 100% at F

0503 -
0503 -    ..
0504 - Summary/Objective
0505 -
050501 - Follow up ref SDS 3 0000, ref SDS 2 0000.
050502 -
050503 - CSAA notified Millie in a letter dated 060317 of insurance
050504 - determination that Millie was 100% at fault for damages arising from
050505 - automobile accident last month on 060215. ref SDS 0 TC84  Review shows
050506 - the CSAA determination conflicts with evidence indicating the other
050507 - motorist caused the accident. ref SDS 0 TC98  Millie submitted a
050508 - letter to CSAA presenting the record on 060215, ref SDS 0 753N, and
050509 - notified CSAA to issue a revised determination, based on the evidence.
050510 - ref SDS 0 QV4S
050511 -
050512 -     [On 060605 CSAA reviewed Millie's report of evidence showing the
050513 -     other motorist was responsible for the automobile accident on
050514 -     060215, and there were no damages, ref SDS 4 4153; this evidence
050515 -     led CSAA to revise the initial determination and find that Millie
050516 -     was only 50% responsible, ref SDS 4 HV5I, as a result, there will
050517 -     be no impact on Millie's insurance rates. ref SDS 4 416F
050518 -
050519 -
050520 -
050521 -
050522 -
050523 -
050525 -  ..
0506 -
0507 -
0508 - Progress
0509 -
050901 - CSAA Finds Millie 100% at Fault for Damages in Car Accident on 060215
050902 -
050903 - Received ref DRT 1 0001 from CSAA dated 060317 unsigned and with no
050904 - name indicating the claims adjustor responsible for the work product
050905 - presented in the letter.  A second letter was received, ref DRT 2
050906 - 0001, also unsigned and with no name indicated for the claims adjuster
050907 - responsible for work product.
050909 -  ..
050910 - The first letter assigns the incident...
050911 -
050913 -           Claim No.:  03-N*******
050915 -           Date of Loss:  02/15/2006
050916 -
050917 - ...identification, ref DRT 1 0001, which aligns with the report on
050918 - 060215. ref SDS 2 0001
050920 -  ..
050921 - CSAA says in part...
050922 -
050923 -        Based on our initial investigation, it has been determined that
050924 -        you were 100 percent responsible for this accident, The
050925 -        investigation conducted by our Claims Department has concluded
050926 -        that you were principally at fault for rear-ending the vehicle
050927 -        ahead.  Our investigation may include, as necessary, the review
050928 -        of our insured's own statements to us or to others, the
050929 -        statements of other parties or witnesses, any available police
050930 -        reports, the damage to the vehicles or other objects, roadway
050931 -        characteristics, and the occasional consultation with outside
050932 -        adjusters or experts. ref DRT 1 FQ6L
050933 -
050934 -           [On 060605 CSAA reviewed Millie's report of evidence showing
050935 -           the other motorist was responsible for the automobile
050936 -           accident on 060215, and there were no damages, ref SDS 4
050937 -           4153; this evidence led CSAA to revise the initial
050938 -           determination and find that Millie was only 50% responsible,
050939 -           ref SDS 4 HV5I, as a result, there will be no impact on
050940 -           Millie's insurance rates. ref SDS 4 416F
050941 -
050942 -
050943 -
050944 -
0510 -

SUBJECTS
Determination Erroneous Millie 100% Fault Conflicts with Evidence Ot

0703 -
070401 -  ..
070402 - Determination Millie 100% Fault Conflicts with Evidence
070403 -
070404 - CSAA's determination that Millie was 100 percent responsible appears
070405 - conflicting with the record of the incident reported on 060215 which
070406 - states in part...
070408 -         ..
070409 -        Turning attention to the road ahead, she was forced to hit the
070410 -        brakes, because the car that had just passed, suddenly, and
070411 -        without notice, stopped to wait for an oncoming car in order to
070412 -        make a left hand turn into the BART station.  This sudden
070413 -        change in positioning without notice of a left turn signal,
070414 -        required immediate action to avoid an accident. ref SDS 2 HV66
070416 -  ..
070417 - Accordingly, CSAA should submit for review and verification the basis
070418 - for a conflicting determination, including...
070419 -
070420 -        Insured's own statements to CSAA or to others, the statements
070421 -        of other parties or witnesses, any available police reports,
070422 -        the damage to the vehicles or other objects, roadway
070423 -        characteristics, and the occasional consultation with outside
070424 -        adjusters or experts the contributed to CSAA work product for
070425 -        reaching determination in this matter
070427 -  ..
070428 - CSAA can submit additional information to support determination based
070429 - on CSAA's letter stating...
070430 -
070431 -        If you wish to have the determination of fault reconsidered
070432 -        and/or have additional information which you believe should be
070433 -        considered, please submit your request to the undersigned
070434 -        within 30 days of receipt ofthis letter. ref DRT 1 XY8L
070436 -  ..
070437 - The second letter from CSAA states in part...
070438 -
070439 -        "Any person who knowingly presents a false or fraudulent claim
070440 -        for the payment of a loss is guilty of a crime and may be
070441 -        subject to fines and confinement in state prison." ref DRT 2
070442 -        5T6N
070443 -
070444 -
070445 -
070446 -
0705 -

SUBJECTS
Dispute Procedures to Contest Incorrect Insurance Determination Rese
CSAA Determination 100% Fault Disputed Millie Submits Notification O

1104 -
110501 -  ..
110502 - Dispute Procedures to Contest Incorrect Insurance Determination
110503 -
110504 - Research on the Internet illustrates typical settlement approach in
110505 - these matters...
110506 -
110507 -              http://72.14.203.104/search?q=cache:_CaPakQq6ikJ:sccounty01.co.santa-cruz.ca.us/bds/Govstream/ASP/Display/PdfFinder.asp%3FType%3DMinutes%26MeetingDate%3D20030311%26Filename%3D010.pdf+CSAA+%22Suisun+City%22&hl=en&gl=us&ct=clnk&cd=7
110508 -
110509 -
110510 -
110511 -
110512 -
110513 -
110514 -
1106 -

SUBJECTS
CSAA Determination 100% Fault Disputed Millie Submits Notification O

1503 -
150401 -  ..
150402 - CSAA Determination of 100% Fault Disputed Millie Submits Notification
150403 -
150404 - Millie can submit ref DIT 1 0001 the following letter to dispute CSAA
150405 - initial notice of determination, per above. ref SDS 0 HV5I
150406 -
150407 -    1.  Review of your letter dated March 17, 2006, ref DRT 1 0001, in
150408 -        the above matter states in part...
150409 -
150410 -            Based on our initial investigation, it has been determined
150411 -            that you were 100 percent responsible for this accident,
150412 -            The investigation conducted by our Claims Department has
150413 -            concluded that you were principally at fault for
150414 -            rear-ending the vehicle ahead.  Our investigation may
150415 -            include, as necessary, the review of our insured's own
150416 -            statements to us or to others, the statements of other
150417 -            parties or witnesses, any available police reports, the
150418 -            damage to the vehicles or other objects, roadway
150419 -            characteristics, and the occasional consultation with
150420 -            outside adjusters or experts. ref DRT 1 FQ6L
150422 -         ..
150423 -        Date of loss on 060215 shown in your letter aligns with my
150424 -        records showing an incident occurred with no loss, injury, nor
150425 -        damage. ref SDS 2 0001  Further the record from my eye witness
150426 -        account shows that the other motorist failed to make a left
150427 -        hand turn signal, and this lack of notice was at least a
150428 -        contributing factor, ref SDS 2 RP6J, and possibly the entire
150429 -        cause of the incident. ref DIT 1 S66L
150430 -
150431 -           [On 060605 CSAA reviewed Millie's report of evidence showing
150432 -           the other motorist was responsible for the automobile
150433 -           accident on 060215, and there were no damages, ref SDS 4
150434 -           4153; this evidence led CSAA to revise the initial
150435 -           determination and find that Millie was only 50% responsible,
150436 -           ref SDS 4 HV5I, as a result, there will be no impact on
150437 -           Millie's insurance rates. ref SDS 4 416F
150439 -         ..
150440 -    2.  Examination on the scene shows no physical injury to persons
150441 -        nor damage to property occurred, because at most the vehilces
150442 -        merely touched, rather than collided or bumped. ref SDS 2 AN98
150443 -        There were no skid marks nor witnesses who reported
150444 -        differently. ref SDS 2 H05O  The other motorist complained she
150445 -        bumped her head on the headrest, ref SDS 2 HV52, and this was
150446 -        observed when she turned left into the BART station at that
150447 -        time, ref SDS 2 RP9K, accelerating from a stop to cross the
150448 -        oncoming traffic.  I also bumped my head on the head rest when
150449 -        making the same turn a few seconds later, as stated in the
150450 -        record on 060215. ref DIT 1 S67Q
150452 -         ..
150453 -    3.  Based on this evidence please issue revised determination
150454 -        showing 0% - 50% responsibility, and further finding no
150455 -        evidence of damage or injury. ref DIT 1 S682
150456 -
150457 -           [On 060605 CSAA reviewed Millie's report of evidence showing
150458 -           the other motorist was responsible for the automobile
150459 -           accident on 060215, and there were no damages, ref SDS 4
150460 -           4153; this evidence led CSAA to revise the initial
150461 -           determination and find that Millie was only 50% responsible,
150462 -           ref SDS 4 HV5I, as a result, there will be no impact on
150463 -           Millie's insurance rates. ref SDS 4 416F
150465 -         ..
150466 -    4.  If you have any questions, please call me at
150468 -        ref DIT 1 BS5L
150469 -
150470 -
150471 -
150472 -
150473 -
150474 -
150475 -
150476 -
150477 -
150478 -
1505 -
Distribution. . . . See "CONTACTS"