Here is a letter that my wife sent to the insurance co. last week.
October 9, 2012
Att: *******, Claims Manager
RE: Insured : ******
Policy Number: *******
Claim Number : ********
Date of Loss: 9-28-2012
Dear Ms. *****
I have received the letter of determination (of fault) regarding my accident on 9-28-12. An accident that I call:
“Deer vs. Mini”.
The final score: Deer 1 and Mini 0
The determination letter finds me 51% at fault, stating that “a person shall not drive a vehicle upon a roadway at a speed greater than is reasonable or prudent having due regard for visibility, traffic, and potential hazards on the highway.”
No one even asked me how fast I was going, so how can they determine I was going at an unreasonable speed. For the record, ****** Road is quite narrow and somewhat winding and I was going fairly slowly, a modest rate of speed. The deer, on the other hand, (and we’ll call him/her, “Bambi’s Mom”) was not traveling at a reasonable, prudent speed – she was fast, reckless and did not stop at the roadside to “look both ways” before crossing.
I did not think it would be a good idea to crash into the deer, so I chose to swerve to the right and wound up scraping my fender on a fence post. I think that was a better idea than having a deer crash through my windshield, certainly causing me injury. That would suck and be very expensive.
Please reconsider this determination of fault and find that Bambi’s Mom, and not me, was to blame, or she was at least 51% responsible.
Thanks very much
**********