CA Department of Insurance Complaint #2 - Ric V vs CIG

On 10/24/2018 at 10:45 am Ric got into a low speed car accident. Three cars were damaged: Ric's car, a moving vehicle insured by CIG, and an  unoccupied parked car insured by State Farm. 
  • CIG's insured had tried to leap frog around Ric and she merged into his lane too early and collided with him
  • She pushed his car into a parked car, pinned him there and her car slid down the side of his.   
  • The total vehicle damage is approximately $15,000. For round numbers it was approximately $6000 to Rics car, $6000 to CIG's car and $3000 to the parked car. 
  • There were no claims for bodily injury from any party
  • What should have been a simple insurance resolution due to accident scene photos and the verifiable patterns of damage has turned into a train wreck. 

CIG's insured exited her car claiming Ric hit her when in fact the opposite had transpired.

While exchanging insurance information Ric became aware of the fact he had been silently dropped by AAA 12.5 months prior.  (this is a separate legal issue to be investigated).   As it was disclosed later, CIG's insured was not carrying any comprehensive or collision, which makes her initial desire to quickly and illogically pin blame on Ric more logical.  

Ric and the facts indicate it was CIG insured's fault. Thankfully, State Farm recognized the at fault party as CIG's insured too. 
  • The damage patterns and accident logistics tell a simple tale without any gray. 

Unfortunately, CIG decided to commit numerous counts of fraud to try to collect money from an uninsured motorist and to avoid payouts to an uninsured motorist. 

CIG's insured seems to have given a false or errant statement to CIG.  Her statement  would have  and should have been discarded by CIG as false had they been interested in a truthful damage assessment.  BUT...
  • CIG never took a  statement from Ric
  • CIG never asked for any damage photos or any other information from Ric
  • CIG never took a statement from State Farm's insured,
  • CIG never ask for any damage photos or any other information from State Farm's insured

Approximately a month after the accident and without any statements from any one other than their own insured, CIG issued letters declaring their investigation had found Ric to be at fault for the accident. 

Because they had not done any reasonable investigation,  CIG didn't realize just how telling the damage patterns were, they didn't know relevant scene details, and they didn't know Ric had obtained a video of the accident which does an exceptional job of detailing the leap frog move that caused the accident. 

Instead of capitulating when reasonable facts became evident, CIG went the other way and now we are here.  In total CIG has committed approximately 8 relevant acts of fraud...

  1. ​Initial Fault Declaration against Ric without any reasonable investigation.
  2. Issuance of Subrogation Letter for $3500
  3. Denial of coverage for damage $6106.54
  4. Avoidance of documents submitted for review - 5 weeks in total
  5. Second fault Declaration without properly disputing any of the facts presented for review AND without providing any photos, sketches or supporting facts for their version of events. 
  6. Issuance of Subrogation Letter for  $5793.82 when they had only paid out $3500 under an uninsured motorist policy
  7. Presentation of damage estimate for $5793 calling it and invoice and evidence of damage. No photos to support damage to rear portion of car were provided 
  8. Letter from Martin Ighani, Esquire, the Attorney for CIG to CA Department of Insurance with a voluminous amount of false and fabricated facts

1) Accident & Fraud Summary Documents -- Seeking Legal Support at this time..

3/16/2019 -- We are now in search of civil attorneys and/or Attorney General interested in getting involved in this matter. 
​
  • Accident & Fraud Summary - 11 pages - view   (as of 3/19/2019, near final form)
  • Accident & Fraud Summary Exhibits - 16 pages - view  (as of 3/19/2019, near final form)

These documents provide a comprehensive summary of all facts with hindsight. All factual docs related to this CIG matter are presented below in chronological order.  The Ric vs AAA page  contains the accident specific photos and details which are summarized in the summary exhibits
​

2) Chronological Posting of Information for the CIG matter...


  • 10/24/2018 - 10:45 am Ric got into a car accident. Three cars were damaged: Rics,  CIG insured's and State Farm's Insured.  Ric and CIG's insured were moving and State Farm's insured was parked and she was not around.   See http://www.ricvalentineacupuncture.com/ricv-vs-aaa.html for the general accident details. 

  • 10/24/2018 -- CIG called Ric the day of the accident and attempted to get a statement by phone. Ric returned their call that day but was unable to reach anyone.  CIG did not call back. Two days later Ric attempted to reach Angelica at CIG 6 times. He left two voicemails. CIG never called back.  view phone logs

  • 10/27/2018-11/17/2018 --  CIG made not calls to Ric. CIG made no written request for statements to Ric. Ric obtained a copy of the security video from El Estero Car Wash. CIG was unaware a video existed because they never reached out to ask for any statements or facts. 
    ​
  • 11/17/2018 -- Two separate letters dated 11/17/2018 were  received from CIG, the insurance carrier for the moving vehicle. The adjuster's name is Angelica Fernandez, the same person who called him on day one and never called back.  Angelica indicated they had finished their review of the accident and Ric was 100% at fault... (oh really...)   view doc 1  view doc 2

    Doc 1 can be summed up with -- "Current information reveals you are responsible for the resulting damages" and "Upon final payment to our insured, we will seek reimbursement from you in the full amount of the damage including our insured's deductible"

    Doc 2 can be summed up with -- "Based on careful consideration of all available evidence, we have determined that there is no liability on our insured and therefore we will not be able to provide indemnification for the above noted loss."

    But wait... they never asked Ric for his statement nor photos from the accident?  What evidence did they use to find Ric responsible for what will likely be $12,000 to $15,000 in damages caused by their insured ? What evidence do they have that can show that Ric was able to go from a stand still to a resting position 8' to the left and 30' forward if their insured was hit as he was pulling out of a parking spot from a stand still??  Ric must have alien tech on his vehicle, because that defies all laws of physics. 

    Their insured ignored laws related to right of way. She tried to leap frog around Ric with a sweeping right turn that backfired.   She took a wide right turn out of the car wash. Instead of just taking the far lane for travel in her hurry to get around him, she tried to enter the closer lane before she was fully around him. By that time, Ric had established himself properly in the closer lane. She hit him while merging into his lane. She pushed his car into the parked car.  The damage details on all vehicles involved support this.  The photos taken at the scene with water marking his resting spot support this.  Security video supports this...
  • 11/28/2018 - Bryan called Angelica.  During that  phone conversation, Angelica  refused to provide any statements from their insured and she refused to provide or disclose any evidence they had which lead to their conclusion Ric was 100% at fault.   During the conversation Angelica asked several questions and made several statements indicating she did NOT have a sound understanding of very basic facts related to the accident.  Bryan asked Angelica to pause until he worked through a claim with the CA Division of Insurance related to AAA's silent cancellation process.  Given the very aggressive, illogical and unsubstantiated fault claims of CIG, the idea was to wait and see if AAA was going to get pushed back into this mix.  If so, AAA would be picking up the dialogue with this racket oriented bunch, Bryan would pick up that dialogue. 

  • 11/28/2018 -- Here is the email Bryan sent that day documenting the conversation. view doc 

  • 11/29/2018 - CIG confirmed receipt of Bryan's email view doc

  • 11/30/2018 -- Bryan replied to that email string with a link to this website and the front page of this publishing which details the crash details. -- that email was never confirmed by CIG...

  • 12/6/2018 -- A letter from CIG's Allison Bogner indicates they are seeking subrogation for $3500 which includes damage to their insured's vehicle as well as her deductible.  And the best part is this sentence... "Our investigation confirms that you were the Owner of the at-fault vehicle, and therefore liable for the damage. We are hereby making a claim in the amount of $3500." view 
  • 12/18/2018 -- Bryan sent letter to CIG disputing their declaration of fault. Bryan stated Ric was NOT at fault for this accident and he declared their insured 100% at fault given documented facts.  We provided sketches, photos and annotated video frame captures to support this position.  view email​  The docs attached to the email were....
    • Letter to CIG declaring their insured at fault view
    • Accident Position Sketch with Contact Points view
    • Google Earth Pre and Post Accident with annotations view
    • Ric's written statement for insurance companies view
    • Post Accident Photos view
    • Annotated Video Screen Grabs view    

      ​Bryan called to let Angelica know it was on the way.  He got her voicemail which indicated she was out of town until the end of the week. 
  • 12/27/2018 - Bryan resent the email and cc'd Angelica directly on it in addition to [email protected] this time.   (No emails or phone calls were being returned)

  • 1/3/2019-1/9/2019 - Bryan was forced to engaged with CIG via twitter to force activity.  Obviously someone from corporate made contact, because Angelica responded via email pretending nothing had been received asking for a resend.  Yet, at nearly the same time Michelle, her supervisor, left a message indicating the docs that had been sent prior were in the case folder.   Michelle indicated she'd be getting with Angelica on Friday.  By Tuesday, still nothing from CIG and twitter was our only option to force progress again. 

  • 1/10/2018 -- CIG (Angelica) replied claiming all the information we provided showed nothing.   She intimated that their insured was on the road when Ric hit her as he entered the road WITHOUT EXPLAINING how the accident transpired about 30' in front of the parking spot Ric was previously occupying.  It's impossible to hit someone coming out of a parking spot and end up 30' down the road with contact points inconsistent with hitting someone coming out of a parking spot.  A simple impossibility.  THIS WILLFUL IGNORANCE OF DELIVERED  FACTS NOW MAKES THIS ENTIRE SHAM A PRETTY GOOD CASE FOR INSURANCE FRAUD...  --  view
or when an an insurer knowingly denies some benefit that is due...
  • 1/10/2018 -- Bryan replied via email poking at all that was said, thanking them for the CA Vehicle Code that applies as much or more so to their client than Ric, and notified them   CA Dept of Insurance Complaint #2 was now in process  (this is slightly corrected from original) -- view

  • 1/11/2018 - Michelle, Angelica's supervisor responded with "we relied on the facts as they were presented and the vehicle code, as stated in the letter. Our insured was traveling in the lane when Mr. Valentine entered from a parking space next to the curb striking our insured’s vehicle".  -- except the only fact they could have used is a statement from their driver, as they didn't ask for or seek statements from others involved, nor photos nor video screen grabs... They also have yet to support their fraud with the facts presented after they took up their fraudulent position...     view
  • 1/12/2019 - Bryan responded to Michelle with a request for documents  and facts (and other fraud related stuff) -  view ​
  • 1/12/2019 - Bryan sent letter to CIG Insured  requesting statement/answers to questions since CIG has refused to provide that information - view
  • 1/12/2019 - Bryan sent letter to owner of the parked car asking about damages - view

  • 1/15/2019 - Michelle replied to Bryan's 1/12/2019 email asking for support for fault determination - view Michelle attached two documents. She attached damage photos of CIG insured's car showing damage starting at the front right fender and she showed a repair estimate for $5793.82.  At this point or later, this repair estimate was referred to as an invoice and there was no understanding that one is not the other.   view damage photos | view repair estimate (this links intentionally not active for now)
  • 1/15/2019 - Bryan replied, summarizing her inability to justify fault determination and asked for very specific clarity on the $3500 subrogation amount which did not logically align with any information provided in subrogation letters or the damage  - view 
  • 1/15/2019 - Michelle replied with screen shot showing a payment of $3500 to insured, but no delineation or breakdown for damages vs a deductible they claim to have paid out (prior to collecting that from us??? wtf... something not right...) - view  attached doc view
  • 1/15/2019 - Bryan asked for yet more clarity regarding payout details - view ​
  • 1/17/2019 - Michelle's attempt to clarify payout added confusion (and cost!!) - view
  • 1/17/2019 - Bryan asked for yet more clarity... view
  • 1/17/2019 - Michelle clarifies collision vs property AND she confused "evidence" for PROOF - view
  • 1/17/2019 - Bryan clarifies toilet paper from "evidence" from "proof" -- or he trys to anyway... - view 
  • 1/17/2019 - Bryan makes a request for a document detailing the final demand  for $5793.82. (he also coaches them on the potential for mail fraud and encourages email delivery to possibly avoid that problem!?) - view
  • 1/18/2019 - Claims@cig replies to Ric  with demand letter with Sahari's name on it  - view  and here is the attached demand letter view
  • 1/18/2019 - Bryan replies to CIG and Sarahi asking for supporting documents for the liability claim and a receipt for repairs view
  • 1/18/2019 - Sarahi replies indicating only thing left to discuss is how ric would like to make payment... view 
  • 1/18/2019 - Bryan replies to Sarahi & Sandra -- BAHA.  Hello Sandra Enshiwat.  Send the demand letter via US Mail - link removed (doc 23_20190118_4_bc2sarahi​.pdf)
  • 1/21/2019 - State Farm provided copy of letter indicating he was not the at fault party (letter avail upon request)
  • 1/23/2019 -- We  mailed a complaint to CA Department of Insurance 
  1. Complaint form -- view
  2. Cover Letter -- view 
  3. Written Details -- view
  4. Exhibits -- view
​
  • 1/30/2019 - Ric's car went into the shop for repairs

  • 2/7/2019 - California Department of Insurance created the complaint view

  • 2/19/2019 - Ric notified CIG of $6106.54 in repairs. He provided copy of paid receipt, and work details

    Email Notice -- view 
    Attachments
       1) Letter  -- view
       2) Paid Receipt -- view
       3) Repair Details -- view
​
  • 2/27/2019 - We received letter via email from Martin Ighani, Esquire for CIG. Talk about a shit sculptor. It's one thing to shade facts. It's another to fabricate fiction and present it as truth when docs and images exist that refute the fiction. --  view

  • 3/9/2019 - We replied to Martin Ighani, Esquire CIG . Letter view  Exhibits view