We were recently rear ended while stopped at a red light, the driver who hit us was bearfooted which is illegal anyway. My wife was driving and we had our 2 year old in the back. The force was enough that my head was slammed in to the headrest causing instant pain. My wife also complained of instant neck and back pain. I called 911 because I wasn't taking any chances with our Baby - we have a document on our fridge that says when to call a doctor and when to call 911 and it states any kind of vehicle accident with a child, you should call 911.

The Police officer arrived and was a bit of a *** - and said since our Son wasn't crying, he was fine. (I know better and a silent patient can be worse off than one crying out loud) The officer than told me that since the Ambulance was on the way, they would take our Son to the Hospital regardless now. (he said it in such a way like we were *** for calling the ambulance). I told him good, he needs to be checked. The ambulance pulled up, the paramedic looked at him, checked his neck and within 20 seconds said he's fine. I was pissed, that is not acceptable on a 2 year old who has just been in a vehicle accident.

Of course, we took him to the ER ourselves where the doctor was very good and gave a head to toe examination on all 3 of us. Thankfully our Son is ok but I'll never forget the Police officer or Paramedic who didn't give a darn and weren't doing their jobs.

On a side note, a few months prior, our Sister in law was rear-ended and checked over by a paramedic on scene and given the all clear - a few days later she was in the ER, admitted because of a bruised brain - a very serious thing. So warning to everyone out there, get checked at the ER, the paramedics do not do a thorough check and the ER docs has a vehicle accident report which they fill out as they check you.

Now to the lady who hit us and her insurance. 'Infinity Insurance'. The adjuster "Patricia Kersting" is very unfriendly to begin with - obviously not a job requirement. She inplied from the get go she suspected we were filing a fraudulent claim. I suggested she get our medical reports from the ER to prove our injurys. both my wife and I were given shots and a prescription.

Although our injuries weren't serious (and we are so happy about that) we suffered neck and back pain for about 2 weeks. Now the part the PISSED ME OFF - the adjuster wrote me to tell me that our trip to the ER was unnecessary and therefore incuring unnecesary expense (based on the damage to the vehicle which she called a biomechanical annalysis) - without obviously checking our medical report from the ER which I have offered to obtain and fax to her or assist her in obtaining directly from the ER.

They arleady cut a check for the damage to the car and to replace our child seat (which is required by law) but are denying any claim for pain / injury. I don't expect a huge payout, but I think its reasonable to expect something for the pain we suffered and to make a statement that our trip to the ER was unnecessary makes me want to say things to this lady that I can't write here.

Below is the letter I wrote before she made that *** statement:

FAO Adjuster: Patricia Kersting.

I am writing in regard to our claim. You spoke with my Wife Joely on the telephone on 06/16/10 and told her that you were not considering a claim for injury in this case.

While the quote for vehicle repair in the amount of $****** is acceptable plus an additional $*** to replace the Child Safety Seat – We find it unreasonable that you are refusing to process a claim for injury.

The impact was hard enough that my head was slammed in to the headrest causing instant neck pain. My wife also complained of neck, shoulder and back pain. We called an ambulance to the scene to have our Son checked because of the pain we were feeling, and being he is too young to tell us if / where he hurts.

We then went to the Emergency room are were all checked over by the Doctor, by which time I was also suffering from upper back and arm pain. Both my Wife and I were given an injection and a prescription.

We would also like to add that the force of the impact was enough for Joely to lose her footing on the brake and start to roll fwd. Also since we were sitting at a Red light watching the light waiting for it to turn green we had no time to brace ourselves for an impact.

Perhaps you are not aware of these facts or you simply overlooked them. Please let me know if you need my assistance in obtaining the doctors records, a Vehicle Accident Report form was filled out for each of the three of us, my Son, my Wife and Myself by the Doctor as were checked over thoroughly. I’m sure as you review these records, you will want to reconsider this claim for injury.

However, should you choose to deny a claim for injury, we will be seeking legal advice from an injury lawyer.

We await your response in writing so we can keep copies for any future legal action to be taken.

Sincerely,

Darren, Joely and Nathan Phillips

After she replied telling us that our visit to the ER was an unnecessary expense. I wrote the following...

FAO Adjuster: Patricia Kersting.

In response to your letter dated June 18, 2010 I would like to state the following…

You stated a biomechanical analysis concluded that a person with a normal pain tolerance would not sustain injuries from this impact. Obviously you have failed to obtain our medical report which I have also offered to obtain for you and fax to you or help you obtain yourself.

While I am indeed very happy that we suffered no SERIOUS injury from the impact, we did suffer pain as I stated when I called your company to report the accident and in writing to you since then. As a result the Doctor as the Emergency room gave both my wife and myself an injection and prescription after examining us. I am sure those reports can still be obtained. Further to that fact, the Doctor stated we should expect to feel pain for 1 – 2 weeks after the impact, which was indeed the case. Therefore, I feel we should be able to make a claim for pain / injury.

You also stated that we called the paramedics to the scene which I already told you and indeed they told us that our Son was fine, as did the Police officer. What your driver failed to tell you and I told you when I called to report the accident is that the paramedic took one look at our son, touched his neck – and did NOT examine him and said he was ok. The Police officer came to the conclusion before the Ambulance even arrived, stating that if he is not crying – he is ok.

The police officer told us that our Son would be taken to the ER by ambulance regardless because once an ambulance is called, that is standard with Children. I told him good, we need him checked. Whether a child is crying or not is no sign either way and could actually indicate a serious in jury. So I was very unhappy that he was not even examined on scene by the paramedic which is why we took him to the ER, as well as going for our own pain. Further, we have a paper on our fridge that tells us when to call a doctor and when to take a child to the ER or call 911 and it states a vehicle accident of ANY KIND, a child should be taken to the ER / Call 911. Therefore I suggested before you make such a statement to anyone else, you check your facts.

Further to this, our decision to visit the ER was partly influenced by my Sister in law being in an accident just a few months ago – she was given the all clear by the paramedics on the scene and a few days later she was at the ER and admitted for observation due to a bruised brain which is very serious. So we understand that even when an examination is made on scene (which it was NOT in this case), there can still be hidden dangers / injury which should be checked for.

Therefore, for you to state that taking our Son to the doctor, or going to the ER ourselves was an unnecessary expense, - I find you are VERY unreasonable, and I will be making an official complaint to the California Department of Insurance, as well as seeking legal advice.

I would also like to make known to you the following facts that I haven’t mentioned to date: The driver Tina Gray exited the Vehicle after impact with NO SHOES on. It is my understand that it is ILLEGAL to drive with no shoes". She had bare feet!/. Therefore, I can only conclude she was driving without shoes?. Further, she stated to the police officer that the road was slick!. Actually - it was dry, I exited the vehicle and called 911 and it was not raining at all;. It did start to rain after the officer arrived on the scene;.

I will wait 1 week to hear back from you at which time I will be forwarding a copy of your letter along with this and all previous correspondents to my legal advisor and California Department of Insurance Complaints|.

We await your response in writing so we can keep copies for any future legal action to be taken!.

Sincerely,

Darren, Joely and Nathan Phillips 128e6f9



  Comments (6)
1. Written by Jeff on April 3, 2012 from missouri city, texas, US
I was hit by a driver insured by Infinity in Oct 2011. Infinity adjusters did not rent car for me. I had to rent myself. Infinity adjusters responded very slow to phone calls. This forced me rent a car for nearly two months. Not, I request reimbursement of my car rental. However, infinity denied my request. Infinity is a very bad company.
2. Written by CV on January 13, 2012 from atlanta, georgia, US
FYI- it is NOT illegal to drive barefoot in ANY state in the US- This is an Urban Legend.
3. Written by kathy nicks on April 26, 2011 from tampa, florida, US
I wish i knew they were not trust worthy before i bought there insurance.The last thing you want after an accident that isnt your fault is a hassle from the people you pay to protect you during just that. I feel better knowing im not alone I thought i was loosing my mind there for a minute thanks for the support lol hope you all feel better. They should change there name to wishy wasy insurance at full price or you just thought you were insured incorporated or you thought we would honor our contract ha ha insurance or sorry sucker insurance or *** we arent realy insurance we just took your money company and then blamed you ha ha, they suck to infinity and bewond reason insurance
4. Written by john on March 8, 2011 from odenville, alabama, US
I used to work at infinity and I will say you are correct. I did witness alot shady stuff and believe me if your claim takes long to solve means they are investigating the claim to not pay it or find a techinical /legal way to deny you. I went into claims adjustments to help people and not rip them off. I know there is alot of people that are trying to scam the insurance company,but claims that are clearly not scams get investigated and held up to get out of paying. There was an old saying among some adjusters that "If they are our insuranced (meaning infinity)they are suspect. I would diffently go with a bigger insurance company.If you are insured by infinity ask the rep who they are insured by (99% will not say by infinity and because they know how crappy it is ). Also save your money on the lawyer I dealt with them all the time. They will do nothing that you can do yourself. I have even seen adjuster give a lower settlement because of having a lawyer.So threaten a lawyer just makes the adjuster mad and most (cant say all ) really complicate the matter and cost you a share of your settlement. I hope this helps!
5. Written by Darren Phillips on September 22, 2010 from -, -, -
W.M I would strongly suggest you seek free legal advice.  

 

Unless you contact them (I suggest by letter to keep everything in writing) they won't contact you. Be firm but don't make threats that you are not willing to follow through on. i/e seeking legal advice. 

 

Infinity should not be allowed to offer insurance. I understand they want to run a business and make a profit and have to deal with insurance fraud etc but they are so crooked when it comes to genuine claims. As you said, when someone hits you, it should be straight forward, instead they try to turn things on you and blame you.  

 

I can only guess they treat their insured the same way and refuse to pay them also. 

 

Maybe we're in the wrong business, charge the customer, don't provide a service and make a profit - when they complain, blame them. that seems to be the policy of Infinity. 

 

I feel bad for anyone who has to deal with them.
6. Written by W. M. on September 21, 2010 from phoenix, arizona, US
:sigh I appreciate your time to notify consumers of your complaint. I, too, am having an issue with an insured by Infinity Auto Insurance. I was backed into in a parking lot and was hit on the side of my car. However, Infinity is claiming I back into the pickup that hit me. If that were the case, his vehicle would have sustained damage from the back of my car. It has been 3 months that I have not been able to get this company to pay for damage done by their insured. I have a gas cap that is wide opened and damage that needs to be repaired. Come On Infinity...be responsible for your insured. I will make sure people know you are unreliable.

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