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Re: Thanks RedAeroGirl
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Posted by RedAeroGirl [Email] (more from RedAeroGirl) on Wed, 1 Oct 2003 05:50:31 Share Post by Email
In Reply to: Thanks RedAeroGirl, TG, Tue, 30 Sep 2003 11:38:21
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TG, the State AG referred us to something called "Chapter 93A" which involved our writing a letter (based on boilerplate which they provided) to the other guy's insurance co. demanding some kind of disclosure of how they reached their finding. The insurance co. then has a specific period of time in which to respond. I could write a really, really long and boring thread about our very unpleasant experiences with this, but in a nutshell our only option, at the end of the day, was small claims court, and for a variety of reasons we ended up just taking the pathetic 80% settlement and giving the car up for salvage (and buying a Saab, so it's not all bad, but still!).

Speaking of long and boring threads, I'll add another story here but I'll try to keep it concise. My brother was recently in an accident here in Cambridge--on his way to visit me at work, with his five day old son in the car, thank god everyone is OK!!!--where he hit a car who had come the wrong way out a one way street. It was a situation like mine, where he swerved out of the way to avoid a more direct and damaging collision. Astonishingly, his insurance co. attempted to claim that he was 50% at fault because his swerve had taken him into an oncoming lane of traffic (and their "computer models" had indicated that this meant he was breaking the law, thus partly to blame). He managed to correct this and have the insurance co. cover all the damage but this seems to me like a profoundly bad pattern: a driver reacts in a way that helps to avoid serious injury, but is penalized for it by his insurance company. We should have hit that guy's door head on, because then they would have paid the full value of our car. My brother should have just slammed right into the other car, because they tried to penalize him for attempting to get out of the way. This is what I mean by a law that protects the corporations and not the consumers! Ooooh it makes me mad. Sorry for the venting. Hope you are successful, TG :)

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