My husband was driving and I was in the passenger's seat. We stopped at a RED light at a VERY busy intersection and unlike MANY downtown drivers - we did not RUN the light.
A SAFEWAY Insured driver PLOWED into us about moments after we stopped. We obtained all of the driver's information (as is customary downtown) and after my husband dropped me off at work he went to file a police report.
After obtaining a estimate of the damages from one of their contracted facilities we were told by SAFEWAY that they would only pay 75% of the damages because their driver said we stopped suddenly. Now when they read the report to me over the phone it did not say that, it said we were approaching a YELLOW light...
The light turned red and apparently she assumed we would run it or was not paying attention because we were stopped for a moment before she even begin to slammed on her breaks and SLAMMED into us AND/OR she was driving to close. The called it "comparative negligence". We're negligent for following the Law???
I asked what their dispute process was and they said they didn't have one and that their decision was final. I asked if my insurance needed to deal with them or my attorney and they said I guess so because there decision was final, "they have to take the word of their client".
I asked my agent at Statefarm about it and they said that Safeway is known for this kind of stunt and to fight it. They said that they are use to people just taking the payment and going away.
I don't want to put in a claim with my insurance company nor to I want to pay the difference, any legal suggestions???
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