1969 Malibu Sports Sedan - Page 14 - Chevelle Tech
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post #196 of 201 (permalink) Old May 16th, 15, 1:05 AM
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Re: 1969 Malibu Sports Sedan

Might want to wait until you settle with the insurance company.

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post #197 of 201 (permalink) Old May 16th, 15, 2:20 PM Thread Starter
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Kenny
 
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Re: 1969 Malibu Sports Sedan

...this is USAA's reply-



Since they denied even letting us file a claim based on the theory the bullet caused him to wreck to me that is an error...that's like saying in an altercation that began 660 feet north of our place with those two cars then within ten seconds the kid's dead without explaining anything...

"...stuck wit' stock, for now..."
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post #198 of 201 (permalink) Old May 16th, 15, 4:20 PM
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I know it's a stretch, but was the shooter insured? Based on this letter it seems he is the actual cause, which means, if he was insured they should be picking it up.

Like I said, a stretch.
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post #199 of 201 (permalink) Old May 16th, 15, 5:21 PM Thread Starter
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Kenny
 
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Re: 1969 Malibu Sports Sedan

The way they talk that out is called the "but for" test and I would say but for both cars we would have not been damaged.

Liability policies all have exclusions- if there is a crime and the car is in use the insurance clicks-off the moment of the crime and clicks back on after. In that case they would have a policy that was excluded from covering the specific moment our damages occurred.

Cases have shown over and over that innocent third-party property damage claims are twisty-turny but two ideas clarify the cause- one is "independent sufficient cause" and the other is "concurrent actual cause".

There is a case where it was found that when both parties involved have insurance and some fault they split it. It is not supposed to be a mystery and it is poor relations.

There is a duty to settle and USAA found a brief dodge due to the unknown suspect vehicle without a defense to their allegation.

Another way to look at it is the error- is it possible to say the bullet is the cause of our property damage? Did the bullet do all the damage? USAA admits liability in a round-about way saying that even though his car is what hit our property, due to the "extenuating circumstance" he wouldn't . To me this is interesting because USAA says due to the extenuating circumstance he would not have any liability, using "but for" the bullet.

No bullet, liability....bullet, no liability...this does say but for the bullet our property would not be damaged.

So what is clear is it took one car for there to be liability, and two cars means neither car is liable to us? The answer is it is what it is and their two cars actions together caused our loss.

USAA knows our state is a tort state and that means we have to define the relationship between the parties. We in an action would be called the claimant and the boy would be called the tortfeasor.

The boy would be claimant and the shooters would be the tortfeasor. Now we know the parties what led up to this?

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post #200 of 201 (permalink) Old May 17th, 15, 12:32 PM Thread Starter
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Kenny
 
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Re: 1969 Malibu Sports Sedan

Something up the street set of a chain of events. Our position as innocent victims creates a conflict in our mind from the beginning. When things start off wrong it is a mistake to think it will get better, so in our best-case scenario indemnification cannot make whole what happened...indemnification is the contract saying value liability can be found and inasmuch as money can make up for damages, that is all insurance says it can do and that is the policy.

For there to be coverage and exclusions and denials is normal everyday. We are living with that. Our warning is emphasizing just when to start noticing those feelings like- "hmmm, that is not right to not be given insurance information at the scene...". We did notice and made the officer go ask the detectives and he came back and said "the car couldn't be disturbed." So, right here, that night we were already feeling a pressure to just get the information.

"...stuck wit' stock, for now..."
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post #201 of 201 (permalink) Old May 17th, 15, 12:54 PM Thread Starter
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Kenny
 
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Re: 1969 Malibu Sports Sedan

In Washington, USAA only has a duty to settle, a duty to defend, and a duty to indemnify. These three ideas make it possible to settle a claim and insurance is supposed to protect its interests and the policy-holder's interests and to me they have a contractual relationship to which we're not a party and the adjuster's role is here.

USAA doesn't rely on a lawyer or the law at this point. They rely on insurance adjusters. An adjuster knows what they know or what they should know. In our case we have to think we have reason to question the basis of their decision.

So USAA lays it on the poor adjuster to perform and in some cases make decisions when they can't put themselves in another's shoes.

"...stuck wit' stock, for now..."
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