I was driving my 1-month old new car behind a Con-Way tractor trailer on a residential street where commercial vehicles are not permitted. The truck was going 15 miles over the speed limit. Being a tractor trailer, the truck ran into several tree limbs hanging over the street causing them to fall on my car. The limbs and branches made several dents and scratches on my car hood and fender. The truck driver was oblivious to the damage he was causing and I don't even think he knew he hit the trees! I wrote down the number on the back of the truck as well as the license number and noted the web address that was on the truck.
To make a long story short, an adjuster came out to assess the damage and take pictures of the scene and my car. I have a report from him stating the damages were almost $1500. He was hired by Con-Way but after the report, neither Con-Way nor Traveller's Insurance, Con-Way's Insurance carrier, would acknowledge he was hired by them. Dottie, the Traveller's claims adjuster, was very rude and obnoxious when I called to inquire about the status of my claim. It had been 6 weeks since the incident and I heard nothing from them. She asked me what happened and told me she would send a letter acknowledging the claim.
After another 2 weeks of hearing nothing from Traveller's, I called her again today. She lied and said she had sent me a few notices in the mail. Funny, how I never received them! I have actually received NOTHING in writing from them or Con-Way about the claim. I have had to call them instead of them contacting me. Well, today she advises me that since I had no witnesses, she denied the claim because the driver said he didn't hit any tree branches and was driving under the speed limit. Then she told me I had no recourse or appeal. I could write a letter but she wouldn't review it!
All I asked for was to fix the dents they put in my new car. I didn't ask for anything extra or make a big deal. They are the ones playing games and not acknowledging their own adjuster's proof of damages. Plus, they refuse to cooperate and send me notification.
Well, tomorrow I am going to file a suit in small claims court. They were wrong and they should pay for the damage. All they had to do was pay the amount their own adjuster reported and they could have avoided litigation. But they want to play the game, so I'll play along.
Nancy
Havertown, Pennsylvania
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