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Update on the Traffic Accident in April

Despite the police report which clearly said the other driver caused the accident by not allowing safe distance between her and me, GEICO—the other driver's insurer—tried to charge me 20% of the loss, saying that both drivers were moving into the same lane at the same time.  It also paid me only 80% of the insurance deductible.  I did not agree, and eventually the matter was brought to an Inter-Company Arbitration (ICA) panel on July 27th, and a hearing was scheduled on August 10th.

And yesterday, my agent (an arbitration specialist) got back to me with this:

August 01, 2007

Minsung Kim
<address withheld>

Claim Number<withheld>
Date of Loss04/15/2007

Dear Minsung Kim:

We have received the decision from Inter-Company Arbitration. Their decisions are binding and final. The comments provided by the Arbitration Forum were as follows:

Esurance proved 100% liability against Geico Insurance

This is an award to Esurance of 100%.  We have issued $ 100, which represents 20% of your deductible and mailed to the above address.

If you have any further questions on this matter, please contact the undersigned.


Deidre Elzie
Arbitration Specialist
On Behalf of Esurance Property and Casualty Insurance Company
<phone number and email address withheld>

Apparently the panel found that the evidences (presented by my insurer) were clear enough to base their decision upon, even without the need for a hearing.  I asked my agent if this implied 1) that the other driver was 100% at fault and 2) that GEICO would be unable to hold Esurance or me liable for damages and injuries occurred in this accident, and she said yes.

However, she also said that the other driver could still decide to bring the claim to the court, although in my opinion that would be a stupid thing for her (the other driver) to do, especially when the police report and the ICA decision, both of which could be admitted into court as a supporting evidence, were against her.

We'll see how stupid the other driver is, but it seems that this case is finally coming to an end.  I can't say I'm not happy.  :D



Oh wow! If that is the case, and she doesn't take you to court, I'm really happy that you won't be held liable then that's a big congrats to you! :D
Kim Minsung GG!!!
Oh man, this reminds me of an insurance fiasco that I had. Mine is health insurance related though, not auto insurance.

Basically, I had a nose surgery to fix a deviated septum due to a martial arts injury (read: I was kicked in the face). Anyways, as things got closer to the date of the surgery, I was getting letters from my insurer that were describing things that would be going on. That I would be put under, that they would be cutting up my nose, that it would be in XYZ facility. It all had the air of "we're going to cover these procedures." I don't remember the exact phrasing at the top of the letter (although I have all documentation still just in case) but my parents and I both thought it would all be covered.

And then the fun began. I received a letter from the facility that would be hosting the doctor. They said something like "Well, if your insurance doesn't cover it, we'll lower the price so that it would be as if they did cover everything." I was confused by that, but whatever.

So then after the procedure I get this notice from my insurance provider. It says "Yeah, we're not covering this facility, so you owe $14,000 to the facility." They were covering everything else, just not the facility. I immediately flipped and sent out letters to EVERYONE. Insurance company, the facility, the doctor, the doctor who referred me. I said that I didn't have a choice in the facility and that if I had known I wouldn't be covered I wouldn't have gone through with the procedure. I appealed my insurance company's decision and then waited.

I received a phone call from the facility who explained that the letter earlier meant that they would actually be dropping the price to $400, and that the letter from the insurance company should be disregarded.

However, the coolest thing from the insurance company was that they listened to my appeal and overturned the decision they had made earlier. Based on the fact that no one properly informed me, or that the information they sent me was confusing/misleading, they were going to cover it. In the end it was moot because the facility lowered their price, it was still SUPER awesome to read that letter that they were covering it. What a relief it was.

Sorry for this being a little long, by the way.
Whoops, thought I could maybe lj-cut in comments. Guess not. You can delete my long post if you don't want it cluttering up your comments =D
*nods* Good stuff.