THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net


S U M M A R Y


DIARY: June 5, 2006 02:12 PM Monday; Rod Welch

AAA revised determination Millie only 50% at fault in car accident.

1...Summary/Objective


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CONTACTS 
0201 - California State Automobile Associa                                                                                                                                O-00000856 0606
020101 - Mr. Landon Howard; Claims Adjuster
020103 - Claims Department

SUBJECTS
CSAA Determination Revised Millie 50% Resonsible Adjusted Down from

0703 -
0703 -    ..
0704 - Summary/Objective
0705 -
070501 - Follow up ref SDS 4 0000. ref SDS 3 0000.
070502 -
070503 - Millie will have no impact from the automobile accident on 060215,
070504 - ref SDS 0 416F, as a result of the insurance company revising the
070505 - prior determination that she was 100% responsible. ref SDS 0 IT9H
070506 - This change was made to align with Millie's report on the accident
070507 - showing the other motorist caused the accident, and there were no
070508 - damages. ref SDS 0 JU4H
070509 -
070510 -
070511 -
070512 -
070513 -
070514 -
070515 -
070517 -  ..
0706 -
0707 -
0708 - Progress
0709 -
070901 - Millie received ref DRT 1 0001 from Landon Howard with California
070902 - State Automobile Association (CSAA) also AAA, and responding to
070903 - Millie's letter, ref DIP 1 0001, submitted to CSAA on 060330.
070904 - ref SDS 4 753N
070906 -  ..
070907 - Landon says...
070908 -
070909 -        This letter is to inform you that we have changed the status of
070910 -        this claim.  Originally you found to be principally at fault
070911 -        for this loss.  Upon further review we have changed it from
070912 -        principally at fault to 50% at fault.  This change is in
070913 -        response to the letter you sent us contesting liability.  This
070914 -        change has a less negative effect on this change for you.
070916 -  ..
070917 - CSAA reference to "...the letter you sent..." refers to Millie's
070918 - letter, ref DIP 1 BS6H, dated 060330, submitting evidence on the
070919 - circumstances of an automobile accident, ref SDS 4 QV9S, and requested
070920 - a revised determination, ref SDS 4 QV4S, to conform with the record on
070921 - 060215, ref SDS 2 0001, showing that Millie did not cause the
070922 - accident, ref SDS 2 RP6J, and furthter that no damage resulted from
070923 - the accident. ref SDS 2 AN98
070924 -
070925 -
070927 -  ..
0710 -
0711 -
0712 - 1423
0713 -
071301 - Called Landon at CSAA.
071302 -
071303 - Asked Landon for the amount of "loss" CSAA paid out on this claim,
071304 - noted in CSAA's letter dated 060602, per above, ref SDS 0 IT9H, and in
071305 - light of the evidence obtained at the scene of the accident on 060215
071306 - showing no damages occurred, ref SDS 2 AN98, as submitted to CSAA on
071307 - 060330? ref SDS 4 753N
071309 -  ..
071310 - Landon checked CSAA's record.  He seemed to indicate that CSAA paid
071311 - approximately $500 for automobile repairs, and another $300 for for a
071312 - car rental during the period when repairs were being performed.  He
071313 - said no payments were made for medical expenses, which aligns with the
071314 - report on the accident in the record on 060215. ref SDS 2 RP9K  Total
071315 - outlay was just over $800.
071317 -  ..
071318 - Landon said that CSAA attributed damage to the rear bumper of the
071319 - other motorist's car to the accident on 060315, based on inspection
071320 - by CSAA approved car repair mechanics.
071322 -  ..
071323 - We reviewed the record showing that attribution of damage to the othe
071324 - motorist's car to the accident with Millie is not supported by the
071325 - record.  There is no evidence that CSAA inspected and found materials
071326 - from Millie's car on the other motorists car.  There is no record on
071327 - the chain of evidence showing that some incident prior to or following
071328 - the accident with Millie caused damage found by the CSAA inspector on
071329 - the other motorist's car.
071331 -  ..
071332 - Landon said that CSAA did the best that could be accomplished for the
071333 - parties.  The amount of damage did not justify additional
071334 - investigation.
071336 -  ..
071337 - Landon said that he presented Millie's report on the accident to his
071338 - supervisor.  They reviewed the record together, and based on Millie's
071339 - account, adjusted the determination from principally at fault, and
071340 - 100% responsible down to only 50% responsible, as stated in CSAA's
071341 - letter, per above. ref SDS 0 IT9H
071343 -  ..
071344 - Landon said that CSAA pay out of over $750 is the threshold for
071345 - affecting an insured's insurance rate.  In this case, the payout
071346 - exceeded $750, but since Millie was determined to be only 50% at
071347 - fault, there will likely be no change in her insurance rates.
071349 -  ..
071350 - Landon suggested contacting the underwriting department to verify
071351 - impact on insurance rates.  He transferred the call.
071352 -
071354 -  ..
0714 -
0715 -
0716 - 1438
0717 -
071701 - Talked to Dorothy Stocker.... ext 3605
071702 -
071703 - Dorothy confirmed Landon's understanding.  She said that since the
071704 - Claims Department revised the determination of fault, Millie's
071705 - insurance rates are not affected by this matter, per above.
071706 - ref SDS 0 416F
071707 -
071708 -
071709 -
071710 -
071711 -
071712 -
071713 -
071714 -
071715 -
0718 -
Distribution. . . . See "CONTACTS"