Complaint Review: USAA and ALL STATE - San Antonio Texas

Claim Presentation

Susan Wahl and Elizabeth Butterworth refuse to accept liability of the damage to my vehicle and has now denied that she even hit my car when contacted by my insurance provider, All State Insurance company (Show the judge the letter from All State of Susan Wahl denying liability if available)

This was false even though she discussed this matter with me twice on the telephone even going as far as to tell me why she was driving the 96 Jeep Cherokee and asked me to go and get 3 estimates and she would pay me for the damages, to be fixed. (Show the judge your phone records letter.)

On January 7, 2010 @ 10:30am I stepped to my bedroom window and took a picture of the snow that had fallen that morning.my car was captured in this image and is still in my cell phone with the file information attached to it automatically.

Later in the day on January 7^th, 2010 between 1:30 and 2:00pm, I was sitting on my bed on the telephone, where I had been all morning looking out of my bedroom window and talking to my friend Tracie that had spent the night because of the snow that came in. When a blue Jeep approached the parking lot and proceeded to pull into the parking space next to my car, the driver unknown at the time turned into the parking spot and the jeep then slid into my car. I shouted, somebody just hit my *bleeping* car, the jeep jolted and my car rocked.

I jumped from the bed and ran out on the front porch of my apartment, they didnt stop or get out the vehicle, they instead started to back the vehicle up and pull forward into the parking spot. There was snow on the ground and it was very cold outside so I ran back into my apartment because I didnt have on any shoes or a coat. Once back in my bedroom I begin to put on my shoes, and while doing so, I continued to look out the window

I noticed Susan Wahl, which at the time, I didnt know her name but I knew her face from seeing her in the office. At the time I thought she saw what happened and was out there talking to the people to get information, but then I noticed that there was no one there but her and another lady. I grabbed my house phone and called 911 to get information in regards to the police coming out because someone had hit my car.

They told me that they do not come out on private property for this matter, and gave me a number to call. I called that number and the voice prompts directed me to a website to fill out a form and mail in, which I did complete this task later. I then went to my living room window and noticed that no one was standing there any longer, no one had came to my door after seeing me run out on the porch. I then proceeded to call the main office to obtain information on the owner and driver of the vehicle that had just hit my car.

I asked to speak to Hilary (the apt. manager) I was told that she was not in and she asked if she could help me, I told her yes that someone had just hit my car and they have left the scene, I need to know who they are so I can get their information and that I think it was a man driving and a woman sitting on the passenger side of the vehicle, she then proceeded to tell me that there was no man driving the vehicle and that she was the one driving the vehicle, and the other woman was her daughter, but she didnt hit my car.

I then told her yes maam you did hit my car. I saw the whole thing and was looking out the window from the moment the vehicle pulled in, slid into my car, backed up, then pulled forward into the parking spot; they got out stood around and then left. She then stated I thought I stopped before I hit it, I said again no, you hit my car and stated that the scuff mark and dent is there to prove that you didnt stop before hitting my car.

She then tells me again that she didnt think she had hit my car, and to call my insurance company and see what they tell me to do and call her back. I had already gone outside and taken all of the pictures I could of my car and the jeep. I called my insurance company, they advised me to go ahead and file a claim for purpose of documentation, but to file the claim and damages on her insurance since she was the offending party.

While I was on the phone with All State, I saw Susan Wahl walk back across the parking lot from my bedroom window, looking at my car and then she left, still never coming to my apartment or calling me to discuss the matter. Once I was off the phone with All State, I then called her back at the office. She proceeded to tell me that she had came back up and looked at my car, taken pictures, and that she saw that she did hit my car.

I then told her what my insurance rep told me and she stated that she would really rather not file it on her insurance, because it would make her rates go up and then asked me to instead go and get 3 estimates, contact her back and she would just pay for the damage done to my car so that it could be fixed.

She even stated that it shouldnt cost that much, that they probably wont have to do anything but just pull the dent out. I stated that no, its not going to be just pulled out; I want my car back like it was before you hit it. I then told her that I would contact her back after I got an estimate. Tracie and I discussed what had just happened and I called the owner of the business at my job and informed him of what had just happened.

On January 8, 2010, I went to the All State DPI, were my car was inspected, I told them what Susan Wahl had requested of me and the inspector advised me that 95% of the time, they say they will, but they dont and will even deny any liability. He stated, to leave it in their hands to contact her and get the information from her that was needed in order to file the claim against her.

The damage to my vehicle is clear in these pictures and the tire tracks clearly show that Susan Wahl did indeed hit my car, backed up, and proceeded forward and parked next to my car, exited the vehicle and then left the scene of the incident shortly afterward as if nothing had happened. (Show pictures of car and tire tracks to the judge.)

On January 20, 2010 I decided to call my insurance provider, because I hadnt heard anything from them and once connected to an agent, they informed me that they had not been able to reach Susan Wahl, on multiple occasions. All State told me that they would try to reach her again at the only contact number that I could provide, which is the apartment office where she works and give me a call in a week. They also told me that if I hadnt heard from them to call them back.

On February 5, 2010 I received a call from All State informing me that Susan Wahl is now denying that she hit my car, she is also denying that she admitted to me that she hit my car.

On this same day at 11:32am, I called the apt office to get some advice and possibly some information from Hilary since Susan Wahl is now deciding to deny any liability. Susan Wahl answered the phone and I asked to speak to Hilary, she asked who was calling and I stated, Rhonda she comes back on the line and tells me that Hilary has someone in her office and could she call me back I told her that would be fine. At 11:46am, I received a call back from Hilary, I began to inform Hilary of what was going on and the reason for my call.

She stated to me that this was really a first of hearing about all of this and that Susan was denying that she hit my car. Hilary then told me after I told her everything that happened on that day, that she had contacted the District Manager to get advice on how to handle the situation because she had never had to deal with anything like this. I said ok and patiently waited for a return call. At 3:34pm Hilary contacted me again to tell me that she had not been able to get the District Mgr. and also told me that when she did she would get back in contact with me.

While on this conversation, she stated that she was not taking sides in the matter, but she just didnt know how to handle the situation because it is business as well as personal because she has known Susan for years and has never known her to be untruthful. After telling her everything that had been discussed on the phone with Susan Wahl, she stated that Susan told her that she was just having a casual conversation and it wasnt admittance to hitting my car.

I then stated to her ok, I understand your position and I hate that I had to contact you with this but I didnt know what else to do, because she is being very dishonest at this point, after I have been very civil, respectful and patient with her, I cant believe that she is actually denying that she hit my car; so I will be taking her to court, she then said you have every right to. That was the end of that call.

On February 9, 2010 I awoke at 2:30 pm and noticed I had a missed call from the apt office. I called the office and Hilary informed that she was advised that there is nothing that they can do about the situation, since she was not on the clock at the time of the incident and she is a resident here; that I would have to handle it between the two of us just as any other resident. I stated o.k. thank you.

That was the end of that call. (She was indeed at work, she told me that she left to take her daughter to a job interview, because she cant drive in the snow. After returning she went back to work, thus the reason Hilary was not at work and I spoke to Susan immediately when I called, she stated that Hilary was not in.)

On March 22, 2010, I called my insurance company and they stated that Susan Wahl was still denying liability and basically that there was nothing that they could do. I then asked them what were they going to do, I am paying you all to take care of this type of stuff they gave me information of the insured with who she was insured with and filed a claim with USAA on my behalf.

On May 5, 2010 @ 1:59 pm (813-615-6111) I received a call from USAA questioning me about the incident, I was then asked to send any documentation or evidence supporting my claim to this email address:    Before the ended he also informed that an adjuster would be out on in a few days to investigate my vehicle.

On May 5, 2010 @ (will include information later); I emailed a word document to the representative which contained pictures and my summaries explaining the pictures (show the emailed document sent the USAA representative)

On  May 10 ,2010  @ 2:26pm (615-516-1831) from Chris Cappatuni stating that he was slammed for the day dealing with flood claims and that he could come out another later in the week. I explained to him that I was told by another rep that he would be out that day and that I am here he can come by. Well he came I went outside and observed him just looking at my car

He had a discussion with me about the incident and stated I can clearly see that your car was hit, she doesnt deserve insurance with USAA because of her dishonesty he said. I can tell that you are being honest, because you have other damage on your car, but you are only concerned with the damage on the door that you pointed out. I also showed him a picture taken in my phone. He stated before he left that he would be emailing his decision by the end of the week, he took my email address and then left.

On May 18^th or 19^th, 2010 I received a letter from USAA denying responsibility of their insured (present the letter)

On May 24, 2010 @ 11:44 am (1-800-531-8722); I called USAA, to question the denial letter as to why the claim is being denied. Joel, told me that included in the record is denial due to measurements do not match up with the damage on my car. I then said, so what you are telling me is that my car was measured and the other person car was measured, is that what you are saying?

He stated yes. He claimed that records state the adjuster measured my car and then went and measured the other vehicle, the height measurements are not consistent with the position of the damage on my car and that the insured denies that she hit my car.

I know this is not true because I was standing there the whole time he was looking at my car and he never measured my car from the ground up. And he also stated that unless I have picture of the car actually hitting my car, there is nothing that they or me can do about. I then told him that I guess will be filing suit in court against USAA, the insured, and driver; and said ok.and hung up.

I prepared a letter to Susan Wahl (Provide copy) allowing reconciliation of this matter and my intentions to proceed further by taking her, the insurance company, and her daughter (Elizabeth Butterworth) to court.

All of these events are the reason for me being here today in your court, for this matter to be resolved once and for all.

As I stated earlier, she is denying liability, she has withheld information that is needed in order for a claim to be processed and the damage to car my car to be fixed. She would not give information on the owner of the car or whether or not the vehicle was insured, other than it is her daughters car (which she lives in the apt building as well).

I am seeking compensation for my time off of work, research fees (due to withholding information) the full cost for repair of the damage to my car and the deductible, all court, legal, and filing fees. I am also requesting that she be made to compensate payment under court order today or her wages garnished.

All of the above is a summary in detail of what has occurred from the time of the incident(a time-line of events that have taken place). I am posting here, hoping that someone else may benefit from my story and for documentation purposes as well.