I wish to state that I had no desire to take this matter to court, that it is only the manner in which the Crawford's insurance company-California State Automobile Association- has dealt with me that has forced me into this action. I apologise to Mr. And Mrs. Crawford for any inconvenience that this is causing them.

I am suing them for $ 5000.00 for pain and suffering related to an automobile accident involving their daughter. This is how I was told to proceed by the small claims advisor for this court and that should I receive the sum I am asking for, that their insurance company will then be responsible for remuneration.

CSAA has offered to settle the claim with me for $ 2,800.11. I feel	that this is highly unreasonable for the following reasons:

The cost and duration of my rehabilitation.

A consistent pattern of trying to lowball me from the beginning.

Their insurance company's acknowlegment of 70% liability.

Knowledge of size of the payout by CSAA, (my insurance carrier at	the time), to the girl in the car in front of me.

Methods used by insurance companies to determine fair compensation for pain	and suffering as written about by the Nolo Press.

My rehabilitation cost just under $10,000.00 and lasted two months. Using any method of calculation to determine payment for pain and suffering, their offer is unreasonable.

CSAA initially tried to pay me $ 384.29 for my totaled car and when I declined the offer, their agent, Mark Culbertson, threatened to take it from storage and drop it in front of my then 83 year old mother's house. That same evening, his supervisor called me and settled with me for $ 800.00

Mark Culbertson's replacement, Rich Berdion, initially told me that I was 50% liable, but then reversed himself and changed their insured's liability to 70%.

CSAA, my insurance carrier at the time, paid close to $ 7,000.00 to Johana Guzman, the girl in the car in front of me. CSAA, acting on the Crawford's behalf, paid at least that much to her as well. This was related to me by CSAA. Ms. Guzman only received two impacts to her vehicle, I received three. Even taking away 30% for my liability, one can see the discrepancy between these sums and the figure offered to me.

In his offer to me, Mr. Berdion stated that no multiplier was used to determine the amount but also declined to state what method(s) were used or if this was simply an arbitrary number.

A settlement has been made with Republic Indemnity, the Worker's Compensation carrier who paid for my medical expenses. Yael Erickson, the subrogation coordinator, has stated that should the court wish to contact her to discuss the case and the manner in which she, her company, and I were dealt with, you are welcome to do so.

On January 23, 2003, I was travelling west on the Maxwell bridge in Napa, California. The traffic in front of me was stopped and when I applied my brakes, my car went into a four wheel skid and I impacted the car in front of me. Moments later, a car struck me from the rear and propelled me a second time into the car in front of me.

I sustained cervical and shoulder injuries requiring two months of physical therapy and medication.

Richard Williams

2005-02-17T11:49:11

Richard Williams