ComplaintsforKeyserv Company, LLC

• Initial Complaint

  10/24/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  A lawnmower, driven by *****************, an employee of ***********************, backed off the grass, left the curb and backed into my car. I want the damages paid for by the company as they initially told me they would do.

  Business response

  11/17/2023

  Regarding this complaint, please understand that our insurance company ******************** investigated this incident.  As a result of this investigation, they concluded, after interviewing both parties and both parties admitted to backing up and seeing the other party, they have assessed liability at 50/50.
  ************** is a contributory negligence state in which if a person is found 1% at fault they are barred from any recovery.  Under this rule, whenever a person is found to share any responsibility for his or her damages, they are barred from recovering compensation for those damages. Therefore, ************************* will need to obtain coverage from her insurance carrier for the repairs of her vehicle.

  Customer response

  11/17/2023

   
  I am rejecting this response because:
  This is a copy and paste response.  I have text messages from the manager of this business who accepted responsibility for this accident and was willing to pay for damages.  We need further insurance information from this company.  There has been no written correspondence from their insurance company, claim information, or companies insurance information as we will be fighting this decision by their insurance company, possibly to small claims court.  We would be willing to accept this decision if this was another vehicle in the roadway but this was a LAWNMOWER and the car was hit in a perpendicular fashion while my car was at a standstill and I was switching gears to drive away.  If the company can honestly be ok with their employees hitting a car at a standstill and lying to an insurance company and their employer to  avoid paying damages to fix the car this is also a company that people need to be aware of. 

  Business response

  12/18/2023

  December 13, 2023

   

  Re: 60951254-82FE6

   

  We confirm that the loss/accident occurred with one of our employees and **************************  However, we dispute the facts of the loss as indicated by **************************  

  On the date of loss, our company forwarded the incident report to our insurance company, **************************** Company.  Enclosed for your review is a copy of the incident report and the photographs that were completed.  ****************** has an open and established claim under file #LI2310159369, the claim examiner assigned is *************************** and she can be reached at ************.   The loss was tendered to our insurance company on the basis of our contractual obligation that we would report all losses to them.

  It is my understanding that ****************** completed their investigation, and a denial of claim was issued to ************** on October 16, 2023, on the basis of questionable liability and driver vs. driver statement.  Berkshire reported that ************** contributory negligence law bars recovery if you are found at least 1% at fault.   As Berkshire assessed liability at 50/50 it barred ************** from recovery. Our company agrees with the denial and liability assessment.

  Please contact me or ****************** should you require additional information on this claim.     

   

  Thank you for your attention in this matter.

   

  *********************

  Human Resource Manager

  Keyserv Company, LLC

   

  Enclosures   

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩