I was driving on three lane street in the inner lane close to the divider when a distracted or drunk driver decided she was going to make a wide right turn into the second lane of on oncoming traffic . After doing so she made contact with a minivan on the passenger side and forced the minivan into my lane . As a result I was facing the drivers door of the minivan with less than a car length and only a fraction of second to react . My choices were to broad side the driver door at 40 mile per hour or move over on to median and give him the space to recover. I was able to react just in time to move over with literally a few inches of space by partially driving onto the median without making contact with the mini van . Unfortunately as result I damaged the undercarriage and suspension of my car . You would think Ameriprise would say great defensive driving John you may have saved a life today . But to contrary they paid the claim and found me at fault for not making contact with the minivan. They will do anything to avoid paying claims, and when they have to so they are very vindictive they will make it your fault so that they can report you to the insurance exchange so all their ilk can gauge you when you have to purchace insurance from one their clan members who have a strangle hold on this business. I attempted to report them to the department of insurance in California. You would think they have some enforcement power over bad or unlawful business practices think again they are like a public relations form for the insurance Companies bought and sold by their lobbyist. they said they didi not have the power to Enforce California laws on the Insurance companies doing business in the state , so what exactly is function of the department of insurance and what is the public paying them for ? They are useless even when it's against the laws of California that clearly state avoiding an unforeseen obstacle on the road , such as child jay walking, a bicyclist , or bad wether conditions shall not be counted as at fault of the driver that avoided them !
Perry Mason
United States#2Consumer Comment
Sat, June 23, 2018
The bottom line is did YOU do EVERYTHING reasonable to avoid damaging YOUR car in the way you say it is damaged. The answer, whether you like it or notice NO! You drove off the traveled part of the roadway. If you would not had done that, the specific damage your car received would have not happened. If you would not have done that, the driver who started this sequence of events would have been responsible for the damage to the can and your car. HOWEVER...having seen this type of case many times, I would tell you this is VERY DEFINITELY something you want to discuss with an attorney who has experience in going up against insurance companies! You are correct in your statements the insurance company does want to get off paying as little as possible. You are VERY correct on that! However. your insurance company is not God and just because they said what they did does not mean a judge won't see it differently! I urge you to take my advice and find an attorney. Do not give up on this!!! Remember, find an attorney who has experience going up against insurance companies. In all probability, part of your case would be attorney fees! Now, get to work!!!