Consumer complaint received 2024-11-02
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Problem with a company's investigation into an existing issue — Was not notified of investigation status or results
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION (TN)

On XX/XX/XXXX I was involved in a motor vehicle accident resulting in a death of a motorcyclist. I was at a stop sign attempting to make a left hand turn when the motorcyclist t-boned me resulting in death. The XXXX  XXXX police department and investigating officer determined the motorcyclist was speeding and reckless driving. The deceased members family hired an attorney which USAA did not inform me of, and USAA paid the deceased members family liability in XXXX of XXXX. When I spoke to USAA they said they could not talk to me because I hired an attorney however I did not hire an attorney until XX/XX/XXXX of XXXX, once the detective told me I was not at fault. USAA did not inform and or provide me with an attorney nor did USAA inform me of a liability decision. USAA, with prejudice found me at 51 % liable and the motorcyclist at 49 % liable. When asked what determined the liability I was told by USAA that it was to protect me from getting sued with a wrongful death case. I paid for an accident reconstruction which determined if the motorcyclist was not speeding the accident would not have happened, therefore putting all of the liability on the motorcyclist. USAA determined liability before the police investigation was completed and or the police report was released and the accident reconstruction was accomplished. USAA failure to provide a liability insurer with notice of claim before settlement. It was the insurer 's responsibility to defend against third party claims. Duty to indemnify triggered before fault determined, duty to defend was triggered by mere allegation of fault. USAA voluntarily found liability against me, paying monies to avoid suit. USAA acting in bad faith in regards to XXXX ) resorting to abuse or intimidation ( I had to ask for an adjuster/claims supervisor early on after submitting my initial claim due to lack of empathy and harassment by the adjuster wanting status and evidence of the accident -- vehicle and investigation was under police impound pending the completion of the investigation. XXXX ) Sending confusing or incorrect documents with changed deductibles and waiting periods ( Initially, stating my vehicle was repairable by an adjuster, once I had access to the impound yard and submitted photos it was then deemed a total loss ) XXXX ) Lowball Offers : Offering to settle a claim for an amount significantly less than what is reasonably owed. ( Regarding Property damage & total loss vehicle claim -- I had to hire my own personal appraiser in order to receive the appropriate & total value for my vehicle ). 4 ) Lack of Communication : Failing to communicate adequately or timely with a policyholder about the status of their claim./Failing to notify the insured of any information needed for the investigation and why it is necessary/failing to communicate with the policyholder 5 ) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made. 6 ) Insurer fails to properly or promptly defend a claim in remedy of a situation where the insured is exposed to an excess judgment. XXXX ) Conducting a superficial or incomplete evaluation of the situation/failing to properly investigate claims. Insurers must promptly and fully investigate claims. ( C.R.S XXXX ( XXXX ) ( h ) ( XXXX ) ) XXXX ) refusing to defend a policyholder against a lawsuit/Failure to Defend Despite Coverage/Insurer obligated to defend in legal actions. ( C.R.S XXXX ( XXXX ) ( h ) ( VI ) ) /Insurer must defend and pay defense costs, even if only part of the lawsuit is covered. XXXX ) Without the policyholders knowledge or consent to settle claims./Making claims payments without providing a statement of the coverage under which the payments are made. Additionally, Research has noted XXXX Colorado Revision Statues that were not applied in this case : XXXX ) Evidence must substantiate that both parties are at fault before comparative negligence rule is used. Comparative negligence rules are applicable only where there is evidence presented which would substantiate a finding that both parties are at fault, and the inability to prove any negligence on the part of plaintiff eliminates the operation of the rule. XXXX v. XXXX of XXXX, XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXX ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ). XXXX ) Contributory negligence principles apply to the recipient of a negligent misrepresentation. XXXX XXXX XXXX XXXX Fed. XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). XXXX ) Violation of statute is negligence as matter of law.The violation of a statute or ordinance regulating the use of roadways, proximately resulting in injury to one for whom the statute was designed to protect, is negligence as a matter of law. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ).