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This details how the at-fault party's insurance company tried to refuse
payment by claiming that she wasn't at fault for the collision.
What they likely seized upon was a rather badly-stated crash description
from the police report:
... which was not the actual *order* of events, and I have no idea why it
was written this way.
Unfortunately, once it's submitted to the state, there's no changing it.
I received a paper letter from the Liberty Mutual rep denying the claim
from my insurance, which was surprising since I thought all of this would
get fought out between the insurance companies out of my direct view.
But since they sent me a copy and I saw that things were going south,
I clearly had to intervene and set everyone straight.
I called the rep whose name was on the letter, described the facts, and
mentioned that I actually had relevant dash-cam footage even if it wasn't
pointed backward toward the crash scene itself.
I extracted the relevant clips and supplied them with a timeline description
and major points, since it was the easiest way to turn any dispute into an
open and shut case.
I guess those Russians with the "idiot driver" dashcam videos all over
Youtube are onto something after all.
After sending my rebuttal to the Liberty Mutual rep and basically ripping
them a new one for even coming up with this pack of lies and waste of
everyone's time, I forwarded the whole mess to *my* insurance's "subrogation"
department which is where these things get battled out.
Now everyone would be on the same page.
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Date: Tue, 1 Jun 2021 09:16:21
Subject: additional information
To: claimsmail@mapfreusa.com
Please add this to the records for my claim BN-30727258, and forward to your
subrogation department appropriately.
I received a letter directly from Liberty Mutual, and later discussed the
claim against their insured, Chelsee Allain, which they were trying to deny
payout for on flimsy misinterpretation of the police report. I stated that I
had video evidence of the truthful impact order, which their rep Kara Buttner
requested access to. Whether or not she was legally permitted to request
that, I uploaded the relevant video files to my website and sent her the
below email as additional proof that Liberty Mutual's denial was completely
in the wrong.
If this helps MAPFRE subrogation make an ironclad case against Liberty, then
it's valuable that I was able to provide this even though the details of
the incident should have been obvious. Someone should also contact the
Middleton police and describe the difficulties that their vaguely-worded
crash narrative has caused.
I am also having "total loss" re-think their market valuation, because of
the outstanding recall (196 and then 200) on the batteries of the 2019 model
year vehicles. None of the given comparables could actually be purchased,
at least with truthful representation of the car's original specifications.
=== my msg to Liberty Mutual ===
To: kara.buttner@libertymutual.com
Subject: Crash report evidence
Date: Mon, 31 May 2021 10:57:19
In reference to your claim 045906521-02 : here are the videos I referenced
over the phone.
Both of these files are about 68 Mb, and are copied straight from my
dashcam's storage. The dashcam is mounted on a bracket attached to my
seatback, so it can see my actions as well as out the windshield, more
like a "flight recorder" setup.
http://[URL].mp4
00:24 I arrive at a stop in the intersection, waiting to turn left. The
middle Jeep arrives behind me as well, also waiting. Opposing traffic
is steady, there's no opportunity to make my turn yet.
00:26 to 00:27 Moment(s) of impact. A brief screech, the first bang as
Chelsee's car hits the Jeep behind me -- you see its headlights raise
briefly, as it is pushed toward me. Half a second later, the middle
Jeep hits me, clearly throwing my seat back and camera upward.
Note carefully that *my car does not move until second impact*. So your
interpretation of the impact order in the police report is completely wrong,
and I wish they had written the description more accurately. I will take
this up with their department, and you should contact them for clarification
as well. Reference crash report 21MID-87-CF.
The rest of that video is basically me talking to 911 outside the car, and
Chelsee calling her mother. Chelsee seems astounded that her airbags went
off. Well, duh. They did exactly what they're supposed to in a significant
frontal crash. The horn in one of the Jeeps [Chelsee's, I think] keeps
sounding randomly afterward, so listening to the audio to pick up speech
is a little frustrating with varying levels.
http://[URL].mp4
00:39 We hear Chelsee saying she's sorry and it's all her fault.
00:58 Chelsee says "I hit someone, they hit the other car" and seems
unable to understand that yes, drivers sit still at green lights waiting
for opposing traffic to clear before turning left. We even had a
specific lane for left turns, where everything occurred.
Responders arrive quickly, their infrastructure is a few blocks away.
FIX THIS PROBLEM. Your insured is 100% at fault, and I cannot see how any
other contrived scenario could even have played out. Your misinterpretation
of this is pretty insulting, and you owe all concerned an apology. She hit
us still going at a good clip, and it's hard to believe that I'm even needing
to provide this evidence. Did your insured flat-out lie to you about what
happened? Are you aware that she was also driving on a suspended license,
thus had the noted citation issued to her? She needs remedial training and
careful monitoring at a minimum, and is a significant risk factor.
_H*
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Next, we have a somewhat noncommital response from Liberty Mutual.
Bottom line, they were forced to drop this idiotic attempt to misinterpret
the facts and had to pony up in the end.
=== Response from Liberty Mutual ===
Subject: RE: Crash report evidence
From: "Buttner, Kara" <Kara.Buttner@LibertyMutual.com>
Date: Wed, 2 Jun 2021 12:34:38 +0000
Good Morning ,
I have received the email with the videos attached and will take some time =
to review for our liability investigation.
Policyholders may receive a survey asking about their claims experience. We=
appreciate your feedback.
Sincerely,
Kara Buttner
Total Loss Claims Resolution Representative
Auto Property Damage
Liberty Mutual Insurance
P.O. Box 515097
Los Angeles, CA 90051-5097
Direct Phone: 410-568-0673
Fax: 888-268-8840
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