• Report: #218008

Complaint Review: Nationwide Insurance

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  • Submitted: Fri, October 27, 2006
  • Updated: Wed, June 06, 2007

  • Reported By:Houston Texas
Nationwide Insurance
nationwide.com Houston, Texas U.S.A.

Nationwide Insurance the reason people get a personal injury attorney Houston Texas

*Author of original report: When you are right, you fight

*Author of original report: more info

*Author of original report: more info

*Author of original report: more info

*Author of original report: more info

*Consumer Suggestion: Your best defense

*Consumer Suggestion: RE: Binding Arbitration Clause

*Consumer Comment: Read your policy thoroughly Chris

*Author of original report: yes, but . . .

*Consumer Suggestion: Hate to tell you this but TX is a Comparative Negligence State.

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October 6, 2006 was the beginning of what should have been a very simple auto claim. Here's the scenario: driving south on a city street - two lanes each way, no turn lane. At an intersection an appriaching pickup truck turns left in front of you. You strike the rear right wheel of the truck with the front right corner of your car. No airbags deploy, so you aren't going that fast. Both vehicles are drivable, so the drivers exchange information and go on their way without involving the police.

Liability is simple, right? Not to Nationwide. The Texas Drivers Handbook addresses turning left this way "when turning left you must yield the right of way to any vehicles coming straight through from the other direction". Also, the Texas Peace Officer's Accident report lists factor code 37 "failure to yeild ROW - turning left". Nationwide choses to apportion liability at 60% their driver, 40% the other driver, meaning that the other driver eats 40% of the repair cost. Nationwide is trying to nickel and dime me out of what they should pay. This is only 3 weeks old and still ongoing.

In the future, if the other driver is covered by Nationwide and it is clearly the other driver's fault, take the dive, call an ambulance and hire a personal injury attorney.

Chris
Houston, Texas
U.S.A.

This report was posted on Ripoff Report on 10/27/2006 04:01 PM and is a permanent record located here: http://www.ripoffreport.com/r/Nationwide-Insurance/Houston-Texas-77095/Nationwide-Insurance-the-reason-people-get-a-personal-injury-attorney-Houston-Texas-218008. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

When you are right, you fight

AUTHOR: Chris - (U.S.A.)

Nationwide has decided to setle for 100% of my damages and costs associated with my small claims action. When you are right, you fight
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#2 Author of original report

more info

AUTHOR: Chris - (U.S.A.)

Nationwide insures the other driver. The vehicle is registered to a business (corporation with a dba) and I have requested business info and registered agent from the secretary of state. My guess is that the owner of the small business is the driver's father.

If my car were worth more, I would have collision on it.

I do think it worth my time to file a small claims action directly against the company and see if that convinces them that the 40% they expect me to eat is much less than the time and $ they would expend in answering the complaint.
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#3 Author of original report

more info

AUTHOR: Chris - (U.S.A.)

Nationwide insures the other driver. The vehicle is registered to a business (corporation with a dba) and I have requested business info and registered agent from the secretary of state. My guess is that the owner of the small business is the driver's father.

If my car were worth more, I would have collision on it.

I do think it worth my time to file a small claims action directly against the company and see if that convinces them that the 40% they expect me to eat is much less than the time and $ they would expend in answering the complaint.
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#4 Author of original report

more info

AUTHOR: Chris - (U.S.A.)

Nationwide insures the other driver. The vehicle is registered to a business (corporation with a dba) and I have requested business info and registered agent from the secretary of state. My guess is that the owner of the small business is the driver's father.

If my car were worth more, I would have collision on it.

I do think it worth my time to file a small claims action directly against the company and see if that convinces them that the 40% they expect me to eat is much less than the time and $ they would expend in answering the complaint.
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#5 Author of original report

more info

AUTHOR: Chris - (U.S.A.)

Nationwide insures the other driver. The vehicle is registered to a business (corporation with a dba) and I have requested business info and registered agent from the secretary of state. My guess is that the owner of the small business is the driver's father.

If my car were worth more, I would have collision on it.

I do think it worth my time to file a small claims action directly against the company and see if that convinces them that the 40% they expect me to eat is much less than the time and $ they would expend in answering the complaint.
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#6 Consumer Suggestion

Your best defense

AUTHOR: Mike - (U.S.A.)

The best way to prevent this is to keep Collision on your policy. If you're a safe driver it is not very expensive, though it still may not be worth it if your car is worth less than $2000 or so. It tends to stop this "comparative negligence" nonsense unless you have the misfortune to have the same insurance company as the other guy. Comparative negligence is a total crock that benefits only insurance companies and should be outlawed, but are consumers going to be able to out-lobby insurance companies?

Don't count on the other guy's insurance to protect you, that isn't it's purpose. It's to protect him. Greg is right that you can sue in court, though you may have given up that right if you accepted the 60% from Nationwide. Technically you sue the other driver, not an insurance company. By contract, his insurance company will assist with his defense and pay judgements if he loses.

Always call the police in case of a crash that isn't your fault, the paper trail will help your case.
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#7 Consumer Suggestion

RE: Binding Arbitration Clause

AUTHOR: Greg - (U.S.A.)

The binding arbitration clause is used only for first party disputes (policyholder vs, their own insurance). The best example is when your vehicle is a total loss and the you as the policyholder disagrees with the insurance company offer.

In the situation described by the OP their dispute was against the other drivers insurance company. If the OP collects under their collision coverage their insurance company could file an inter-company arbitration against Nationwide.
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#8 Consumer Comment

Read your policy thoroughly Chris

AUTHOR: Aafes - (U.S.A.)

Sit down and read your policy THOROUGHLY Chris.

I haven't been insured by Nationwide in the past, however, MOST auto insurance policies in the U.S. contain a "binding arbitration" clause.

By signing the policy agreement, if it contains this clause, you agree that any disputes with the insurer will be settled in binding arbitration rather than court.

Check it out before you spend money filing in small claims.
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#9 Author of original report

yes, but . . .

AUTHOR: Chris - (U.S.A.)

I understand comparative negligence, but to apportion this claim as 60/40 is absurd. 60/40 is the standard for when the insurance company wants to pay as litle as possible. I'll see how a small claims court sees it.
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#10 Consumer Suggestion

Hate to tell you this but TX is a Comparative Negligence State.

AUTHOR: Greg - (U.S.A.)

As a long time self employed claims adjuster who has handled TX claims let me tell you that Nationwide is right to apportion part of the liability to you as the striking vehicle.

In comparative negligence states both drivers can be held partially at-fault for an accident. You just don't want to be the one with the higher %. The Nationwide rep should have explained why you would have comparative negligence for this loss. Without knowing all the details I would guess "improper lookout" would be it. Even if you have the right-of-way you still have to be sure that the intersection is clear before entering it. You also should slow down a bit when entering an intersection to be prepared for some moron turning left in front of or running a red light. The Point of Impact that far back on the other vehicle indicates that you probably should have been able to see the other vehicle soon enough to avoid the loss.

I would suggest that you talk to a claims rep from your own insurance company and they can confirm what Nationwide is doing is allowable and correct. From the details you did include in your post I would think a liability split of 70/30 to 60/40 would be in the right ballpark. Sorry.
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