I live in Painesville, Oh just 25 mi E of Cleveland.
We just moved here in May of this year. We live on a quiet street with 3 lanes including one side parking lane.
I had just 3 weeks prior purchased a "first car" for my 16 yr. Old son. He needed it for work and the upcoming school year. We came across a great deal on a 1987 Honda Civic in Mint condition, 2 owner, low mileage. I paid $1850 cash which I had saved up for this very special time in my son's life. I insured it with Liability Insurance and he was on his way. Right?
On the evening of July 4th, my son's car was legally parked on the East side of the street in front of our home. At approx 9:45 P.M., a man in a small pickup truck, smashed into the back of my sons car sending it 30 some feet, into a tree with it landng across the sidewalk on the East side of the street. The car was totaled. It was estimated this man was going 45-50 miles an hour (this is a 25 mph street) by a witness on our street. (We were on our back patio when we heard the collision, we ran out front and saw the man in the truck trying to dislodge his truck from my son's car. He was frantically trying to get his engine to stay running, trying to leave. We told him to stop but he kept starting and stalling. He then was able to flee with the truck barely able to drive. I got the license plate number.
With it being July 4th there were many families in their front yards doing small fireworks and hanging out. I thanked God many times nobody was hurt as my son could have been in his car, going out to his car... People could have been in the street or side walk where my sons car ended up after hitting a tree.
I called 911 and gave them the license plate number of the truck. The Painesville city police were very quick to respond but the man was gone. The police searched the nearby streets and then a man came up and said he saw the truck pull into a drive down a street that intersected with my street. The police searched the area and found the man hiding in a basement at a nearby residence.
The man who owned the truck was the father of the man who was driving the truck. The police told us the son, 21 years old, is an illegal alien who was deported some time ago as a result of a felony he committed in California. When he was busted for this felony, they found him to be illegal and was supposed to be deported by the INS back then. (I believe as long as 6 month to a year ago) Whatever the case, this man has been living in my area, harbored by his father, who to this date I still don't know if he is a legal citizen or not.
The police cited the boy for reckless operation. They listed in the police report they suspected alcohol but did not give him a breath meter test. They said this was because when they asked him if he had been drinking, the boy stated "he didn't start drinking until he got home!" Well this according to the police captain meant it wouldn't be a slam dunk in court therefore, they didn't give test.??? They also put it was a hit / skip but did not cite him for leaving the scene of an accident. Once again the captain explained it was documented but didn't require charges beyond reckless operation as he would be deported anyway??? (I thought he was already supposed to be deported?)
Anyway, we found out the father had the vehicle insured by Nationwide Insurance Company. Nationwide called me and asked for details of the accident and recorded my testimony via telephone. I felt somewhat relieved at that time as I figured they would see the negligence and just make things right by reimbursing me for the car.
Well, not so fast Jan. The claims rep, Pamela Wilcox, proceeds to tell me Mr. Robles (father) did not give his son permission to use his car and therefore, they would not pay for it. I told her of "assumed, granted and implied" permissions should automatically cover all persons residing in the home as most policies do and that whether or not he gave permission would not matter. She begged to differ and denied the claim.
I then contacted the police captain and he said if we could find a witness who has seen him (son) drive the car in the past it would be pretty much a slam dunk if Nationwide wanted to play games. So I contacted a woman who lives right next to the Robles home. She said she would be willing to look at a photo of the person arrested and tell the police if she had ever seen him drive the truck before. She said she would need a photo to be sure as there were many persons living in this home and wanted to be sure of the facts. When the police took the photo to her home, they did one better. They took a photo line up of pictures, one being the son. She immediately picked out the son not only as driving the truck before, but the only driver of the truck!
Well, once again I was feeling a little relief that our investigating was going to get this resolved. And indeed Nationwide no longer had Mr. Robles' lie to stand behind to deny the claim. But now the adjuster, Mark Rosenberry, is telling me Naionwide will only give me an $1,100 settlement as "according to his market value" that is all it is worth!
Excuse me Mr. Rosenberry, I have a receipt of which I paid $1,850 just 3 weeks prior to the accident. According to Kellys blue book and the NADA, this car was worth over $2.300! Mr. Rosenberry lives in Nationwide world though and they use some pathetic auto valuation which of course allows them to totally SCREWS over the honest victim!
I really need help. I am a single mother of 2. My 16 year old is the only one still at home now. I just moved up to Lake County to try and better my career opportunities as I have been out of full-time work for over 2 years now. I have lost numerous hours of sleep over this and the stress on my son Peter and I has been terrible. I have had nightmares over the "ifs" that didn't happen but could have. Peter's father was killed as a result of an automobile accident in 1986 while I was pregnant with him. It was a milestone just for me to let go and let him get his license and car to start his young adult life.
Seeing his car totaled like this has left me with terrible flash backs. We did all the right things. We obeyed all the laws. We now have to share my car and Peter had to sacrifice his job until he can get transportation again or one close enough to walk to. I cannot afford to replace this car. I put all my savings into this now totaled vehicle.
Nationwide owes me what I paid for this car not to mention the fact to replace it will probably cost me much more as I got a very good deal on it. It had many years of life left. They should also reimburse me for the 2 1/2 hours it took the neighbor and I to clean up all the debris left from the accident. Glass, pieces of car parts and more glass in a 35 foot radius!
My next move is to file a lawsuit in court. I will name Mr. Rosenberry and Nationwide. Believe me, it is not just principle. I cannot afford to replace this car and I am getting nowhere with this apathetic company. They will pay for all court costs and any additioanl expenses it will cost to make this right.
Nationwide is on no ones side except their own. Boycott nationwide insurance and maybe they will get off their high horse and do the right thing!
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