Complaints
Customer Complaints Summary
- 20 total complaints in the last 3 years.
- 6 complaints closed in the last 12 months.
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Submit a ComplaintThe complaint text that is displayed might not represent all complaints filed with BBB. 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.
Initial Complaint
Date:04/05/2025
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
My wife and child were in a car accident. During the accident my wife slid through a intersection due to a unseen large patch of ice. She made every attempt to avoid the accident. She laid on the horn for many seconds to warn other drivers. She even attempted to move the vehicle off the road and into the ditch. The roads were busy that day and several drivers avoided the accident. Unfortunately, one young inexperienced driver did not and he impacted her car. The driver of the other car had 5 + seconds to attempt to avoid the accident, they did not. Immediately afterwards, the other driver admitted he had no idea what happened (because he wasnt paying attention). He also made no attempts to break as seen in photos. He didnt brake, swerve, or attempt to avoid vehicle in any way. Unfortunately prior to the accident, we had a unknown lapse of insurance coverage. This put west bend insurance company into a position of power to bully us. They demanded no less then 100% of the damages to the other car, while offering nothing to us for the damage their client did to our car. They have now proceeded to use their power to sue use with their massive resources. This is potentially illegal and we have clear standing to show that we are not 100% at fault. This while they refuse to enter good faith negotiations as required by law. We have witness statements, photography and more to support our side. He didnt brake, swerve, or attempt to avoid our vehicle. West are asking west bend mutual to enter good faith negotiations with us as required by law. To consider the actions of their driver. To not send demanding intimation letters without considering all the facts of this case. To pause their illegal court case while they enter negotiations. It should be noted that we have also filed a complaint against west bend insurance company via *** due to their actions. We have attempted to contact them via their attorney but it has been ignored.Business Response
Date: 04/15/2025
Thank you for bringing this complaint to our attention. This matter involves a two-car motor vehicle accident between cars operated by the complainants wife and West Bends insured driver. According to the police report, the complainants wife failed to stop at a stop sign and went into the intersection. West Bends insured driver had the right-of-way and struck her vehicle in a T-bone style. With regards to the complainants wife, the investigating officer identified these driver actions contributing to the accident: speed too fast for conditions,failure to yield the right-of-way, and failure to control her vehicle. She was cited for Failure to Stop at a Stop Sign and for Operating a Motor Vehicle Without Insurance. The officer identified no contributing action on the part of West Bends driver.
We recognize the complainant may disagree with West Bends conclusions in this matter. However, based upon the report of the investigating officer and West Bends own internal investigation, West Bend respectfully maintains its liability position in this matter.
Customer Answer
Date: 04/23/2025
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.the business is purposely missing the point. I have filed a claim, yet they wont update me on the status. I have sent in evidence that supports the case that their driver caused this accident, they wont talk about it. Failure to take all evidence into consideration, and the failure to update us on our claim is a violation of law. It is also a violation to refuse good faith negotiations.
Its been weeks of me asking for updates and they refused to discuss.
Regards,
***** ******Business Response
Date: 05/01/2025
We have reviewed this additional information from the complainant. Please note that this matter is currently in litigation. West Bends attorney has reached out to the complainant to discuss and we would therefore ask the complainant to please contact our attorney. As we explained in our prior response, it is West Bends position that the complainants wife was responsible for causing the subject accident. Thank you.Initial Complaint
Date:03/20/2025
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
******************************** has refused repeatedly to address a claim related to my house fire. The home was improperly mitigated and the job is still not done. Due to the fact the house was improperly mitigated the house is a source of major health concerns and inhabitable. The house has a strong odor of smoke, must, and chemicals. The source of the odor is directly related to the location of where the fire occurred.Business Response
Date: 03/28/2025
Thank you for bringing this complaint to our attention. ********* understands the complainant has concerns related to work performed by her mitigation contractor following a fire loss at the residence. Specifically, the complainant has expressed ongoing odors emanating from a wall in the home. Unfortunately, to date, ********* and the complainants contractors have been unable to identify any chemical or smoke-related odors in the home. Nevertheless, ********* and the complainants contractor have arranged for an industrial hygienist to perform air quality testing in the complainants residence. We are currently awaiting those results.
Thank you again for forwarding this complaint to us. ********* remains committed to working with the complainant to the best of our ability.
Customer Answer
Date: 03/29/2025
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
**** ***** stated they can smell chemicals in the stairwell. DRYCO can smell a musty odor. The Carpentry Works can smell a musty odor. The independent adjuster could smell an odor detailed in his report. Anyone and everyone that enters the house can smell a musty/chemical/smokey odor in a specific area that was in direct impact of the fire. Contractors have stated the job was not ***e correctly-mitigation ***e incorrectly and then the ********* knowingly shut the wall up stating he knew the mitigation *** was ***e improperly. This smell was originally noted in September 2024. ***** noted odors then as did The Carpentry Works and the independent adjuster. The odor is extremely noticeable as the weather goes above freezing. The contractors have refused to come to the house when the odor is very obviously present which I have requested and repeatedly been denied. Since they have been paid they have no interest in the house or fixing their mistakes and making things right. ********* has refused to investigate the house themselves. The house is inhabitable and has caused a multitude of health issues in the family and pets. Symptoms lessen or even disappear when not in the house and immediately return upon return to the house. ********* is failing to do their job and forcing a family to live in their car to remain healthy. ********* has been extremely unprofessional and negligent by refusing to ensure the insured home is livable.
Regards,
**** ********Business Response
Date: 04/02/2025
As indicated in our earlier response, ********* and the complainants mitigation contractor arranged for air quality testing to be performed at the complainants home due to the complainants concerns. Specifically, an industrial hygienist was retained to measure airborne mold levels and to perform a total volatile organic compound (TVOC) air test within the home.
********* recently received the results of the testing. The industrial hygienist indicated in his report that no unusual odor was apparent at the time of the inspection. Further, airborne mold levels were not elevated in the home. VOC testing determined levels of VOCs were also not elevated in the home.
Fortunately, the results of the air quality testing confirmed that the air in the home does not present a health hazard to the complainant and her family. We have shared the results of the testing with the complainant, and we are hopeful these results will alleviate her concerns.
Customer Answer
Date: 04/02/2025
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[This statement made by West Bend is false. ********* has adamantly refused to have anyone come to the house when requested to investigate the odor. ********* has not had any independent contractor come to the house other than in November of 2024 (independent adjuster noted an odor then, as did contractor). I have repeatedly stated the odor is very noticeable when the weather is warm aka above freezing. I have been complaining about this since September of 2024 with it being very noticeable since January of 2025. **** ***** had a company come do testing who confirmed results were abnormal given the outside conditions. West Bend refuses to have a neutral 3rd party investigate. West Bend refuses to investigate the claim. ********* is not providing services theyve been contracted to provide considering I pay them for homeowners insurance. ********* refuses to investigate or do their job. ********* is being disgustingly negligent causing direct medical harm to the occupants of this house. ********* is currently in violation of the law. I do not accept their response. The only appropriate response is a 3rd party investigation AND having the area of the fire mitigated properly.]
Regards,
**** ********Business Response
Date: 04/04/2025
We have received the complainants most recent complaint. We are disappointed in the complainants allegation that ********* was not truthful in our prior response. Please understand that an Industrial Hygienist/Field Technician from an environmental solutions firm performed air quality testing at the complainants home on 03/14/2025 beginning at 1:00 p.m. This time was arranged between the firm and the complainant. ********* received the firms report on 03/31/2025 and emailed a copy of the report to the complainant that day at 8:54 a.m. According to the report, during winter months, mold levels are considered elevated when they exceed levels normally found in properly maintained indoor environments. In this case, the hygienist found no elevated levels of mold or volatile organic compounds in the home.
We have shared a copy of the report with the BBB for confirmation that testing had been performed.
West Bend remains willing to review any additional documentation or expert reports the complainant may wish to present. However, we feel that this claim has been appropriately investigated.Customer Answer
Date: 04/05/2025
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
West Bend continues to LIE. They DID NOT hire a neutral 3rd party to come do PROPER COTRECT testing on my home. They had a quack from **** ***** do the testing. I was not given a choice of hiring a reputable company that I felt comfortable or in agreement with. **** ***** started this problem so they shouldnt have been allowed to have their best friend come over to ensure they dont have to fix their work. Also mold levels were higher inside than outside which is abnormal. In additional there was NO testing done of the actual physical location of the fire in the area that was neglected to be mitigated. West Bsnd has adamantly refused to address my claim as far back as September and constantly since January. There are documented health concerns due to being in the house with the fire that was NOT mitigated. ********* is severely medically harming myself and my family and it could indeed result in death. If we are not in the house we are all healthy, but as soon as we enter everyone is sick. Everyone who enters my house notices the odor and symptoms. ********* has REFUSED to have anyone assess the odor. Their private adjuster back when this started in September noted the smell and they said then theyd do everything to eliminate it. I am paying for insurance who ks refusing to do their job. West Bend-why would I be lying about an odor? Why am I being forced to live in my car or the streets to stay healthy?
Regards,
**** ********Initial Complaint
Date:10/24/2024
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Was involved in an accident with the tow truck driver put in a claim for the insurance even though the police report says that the tow truck driver was completely at fault. Insurance companies refused to pay the claim out, went and had vehicle fix which they knew that the vehicle was being fixed. Now they are saying that the claim was denied and refusing payment for vehicle repairsBusiness Response
Date: 10/30/2024
We appreciate you bringing this complaint to our attention. As background, this matter involves a motor vehicle accident between vehicles operated by the complainant and West Bends insured driver. ********* has investigated the accident, but received conflicting versions. Unfortunately, there were no independent witnesses to the accident. As such, ********* has submitted a request for traffic cam footage to the subject law enforcement agency pursuant to the Freedom of Information Act (FOIA). We have followed up with the agency but are still awaiting receipt of the video. Once received, we are confident the footage will provide a clearer picture of how the accident occurred.
Were hopeful that the complainant recognizes West Bends obligation to its insureds to thoroughly investigate claims such as the case here. Please be assured that ********* will promptly conclude its investigation once the video footage is reviewed.
Thank you.
Initial Complaint
Date:09/17/2024
Type:Product IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
There was a fire in my home on February 6, 2024. This was reported to my homeowner's insurance the same day, and an adjuster was sent to my home on February 8, 2024. Throughout the next several weeks, the adjuster had a company called Edjuster send someone to my home to access salvageable and non-salvageable items and compile a spreadsheet to provide to *********. A clean up crew came in to clear out all non-salvageable items and do the demo that was necessary. We waited for an electrician to give his all clear, then waited for Ameren to send a field engineer to give his approval. By March 6, 2024, I forwarded the electrical quote information to the adjuster, who never responded. I sent more emails and text messages to the adjuster and received a reply on March 12, 2024, stating that he had received my messages. I emailed the adjuster on March 26, 2024, to get an update and express concerns with the delays. Later that same day, I received a phone call from the adjuster stating that West Bend is still investigating the claim. On April 12, 2024, I received a letter from an attorney representing West Bend stating they wanted and examination under oath from my family members. I consulted an attorney and eventually got a date for this deposition. The deposition was set for June 21, 2024 at 1:00pm. Upon arrival for this meeting, I was told that the attorney representing West Bend cancelled the meeting and said they would reschedule. To date, this has not happened. I have heard nothing from the insurance company, the adjuster, or the agent since April, and have heard nothing from the attorney representing ********* since May 24, 2024, notifying me of the date and time of the meeting (that didn't happen). It has been several MONTHS and phone calls go unanswered and voicemails are not returned. I called the adjuster on Sept 10, 2024 from a different phone number, and he answered right away saying he has nothing new to tell me. Now they want to non-renew during an open claim.Business Response
Date: 09/26/2024
Thank you for bringing this complaint to our attention. West Bend appreciates the opportunity to address concerns raised by consumers such as in this case.
As background, the subject matter involves a fire loss on 02/06/24. West Bend has been investigating the cause and origin of the fire and, as part of its investigation, has requested examinations under oath of the insureds. West Bend has retained counsel to conduct the examinations.
Please note that the complainant has also retained an attorney to represent her in this matter. It is our understanding that the attorneys have been working to gather requested information and to schedule the examinations. It is also our understanding that the originally scheduled examinations had to be rescheduled because the complainant did not provide requested information prior to the date of the examinations. West Bend has been advised that the examinations are now set to take place in October.
Please know that West Bend is committed to resolving claims as quickly and as efficiently as possible. However, we hope the complainant understands West Bend’s obligation to its policyholders to conduct thorough and complete investigations. Also, because the complainant has retained an attorney in this matter, West Bend is limited in the extent to which it may communicate with the complainant. Therefore, we would urge the complainant to reach out to her attorney for additional information.
Thank you.
Customer Answer
Date: 10/03/2024
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID 22299377, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Before the unfounded investigation was even made know to me, the adjuster on this claim was very difficult to reach and/or didn't return phone calls or emails in a timely manner or at all. Obviously once I was notified that it was being looked into, all communication stopped.
In response to your claim that I did not provide requested information for the originally scheduled examination under oath, I did provide that paperwork via my attorney. I do not feel it is in my best interest to submit copies of the information you requested via email (which can be hacked). It was sent to your counsel via certified mail.
I do find it quite convenient that this "investigation" has stalled out for many months with no work being done to my home since mid-March, and as soon as I make an official complaint (within days) a new examination under oath date is scheduled. This new date was still four weeks away, but at least it's finally on the books. I will not agree or be satisfied until this fire claim is completed.
Regards,
Rachel MorganBusiness Response
Date: 10/10/2024
West Bend has received the additional concerns raised by the complainant in this matter. In light of the complainant’s comments, we have thoroughly reviewed the claim file. However, our review does not indicate a lack of responsiveness on the part of the adjuster assigned to the claim. We would be happy to further review this concern if the complainant is able to provide some specifics as to when she feels the adjuster did not communicate in a timely manner.
We also hope the complainant understands that West Bend has retained an attorney to assist in this matter. West Bend’s attorney advised us that the prior deposition was canceled because they had not received the requested information prior to the date of the deposition. Further, as you are likely aware, West Bend’s attorney is ethically prohibited from communicating directly with the complainant while she is represented by counsel. As such, it is our understanding that West Bend’s attorney and the complainant’s attorney worked together to reschedule the upcoming depositions.
Thank you for your consideration.
Initial Complaint
Date:07/17/2024
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
My spouse was driving our ********************************************** the backseat on Monday, July 1st, 2024, when a motorist insured by West Bend Mutual Insurance Company collided with the rear end of the Prius and pushed the front of the vehicle into a city bus. West Bend correctly concluded that the car was a total loss and that their insured party was 100% at fault. West Bend identified five (5) comparable ****** Prius vehicles within our geographic vicinity, and conducted an appraisal of the totaled Prius. West Bend appraised our 2013 *****'s condition as "Average Private" despite photographic evidence and owner testimony offered in good faith, that the vehicle was, prior to the accident, in "Dealer Retail" condition. West Bend persists in valuing the condition of the seats, carpets, sheet metal, paint and glass as "Average Private". It is an incorrect devaluation of our property. Additionally, West Bend persists in using the dealer listing price of the five comparable vehicles. Those listed prices do not reflect the actual sales value of the comparable cars. In one case, the listed price includes $2000 in dealer incentives. West Bend's valuation of the comparable cars, includes the 3% NC Highway Tax, but it does not include the full $55 Title Transfer Fee, $38.75 Plate Fee or additional dealer fees. We called each dealership to produced those fees for each comparable vehicle and communicated the true cost of each vehicle as well as the true average cost of all five comparable cars to *********. West Bend refuses to adjust the valuation of our vehicle or the valuation of the comparable vehicles to represent the facts. Furthermore, I persist in my claim that our vehicle's value one second prior to the accident includes the fact that I did not have to spend time researching a replacement vehicle, expending time and expense traveling to examine replacement vehicles, or interacting with West Bend adjusters. The value of my time and mileage totals $574.97.Business Response
Date: 07/25/2024
Thank you for bringing this complaint to our attention. Please note that West Bend utilized an independent third-party appraisal company to prepare a valuation of the complainants 2013 ****** Prius. It is West Bends understanding that the appraisal company maintains an extensive database of comparable vehicles which are, or were recently, available for sale in the U.S. It is also West Bends understanding that the companys database also includes vehicles physically inspected by the companys employees in addition to vehicles advertised for sale by dealerships and private parties.
Based on the complainants concerns, ********* closely reviewed numerous photographs of the subject vehicle. Several items have been re-adjusted to Dealer Retail value, though other aspects of the vehicle showed wear and tear which would be expected of this 11-year-old vehicle. ********* also updated the applicable title and plate fees that were increased by the ** DMV as of July 1, 2024.
West Bends claim representative has reached out to the complainant with a revised settlement offer based upon these adjustments. The complainant may also consider filing a claim with his own insurance carrier if he feels West Bends offer is inadequate. ********* would then work with that insurer to resolve the claim. In either case, ********* will continue to work toward a mutually agreeable resolution of this claim.
Initial Complaint
Date:02/07/2024
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Trying to take advantage of 89 yr old senior citizen, denying my Claim Number: AR09389, by willingly ignoring the ********* law that puts their insured at fault.On 12/26/2023 I was involved in a car accident caused by an insured of ********* Insurance.********* Insurance is trying to avoid their responsibility and obligation to make compensation to me for my losses in the accident caused by the negligence of their insured while he was driving on an alley roadway (Browns Alley) and failed to stop and yield the right of way when coming to the intersection of the traffic on the main roadway (Fairleigh St.) on which I was traveling. There were no traffic signs at the intersection, so ********* Insurance cited a ********* traffic code that applies to intersections in general (*********** Vehicle Approaching or Entering Intersection), in order to avoid their obligation to compensate me for my losses, claiming that their insured had the right of way. They are willingly refusing to apply the proper traffic code in this situation, ignoring the fact that ********* has a specific traffic code that applies to alley roadways (*********** Emerging From Alley, driveway or Building)which states that the driver of a vehicle emerging from an alley roadway must yield the right- of-way to all vehicles approaching on the main roadway. Their insured was clearly liable for this accident in which he rightfully received a citation for not exercising due care because he was driving on an alley roadway and failed to stop and yield the right of way when coming to the intersection of the traffic on the main roadway. Their insured also received citations for driving on suspended license and for a registration violation.I received no citations because it was obvious that I was in the right and had the right of way according to the appropriate, previously stated, ********* traffic law specifically applicable to this accident, involving an alley roadway.Please help resolve this issue.Business Response
Date: 02/14/2024
Thank you for bringing this complaint to our attention. ********* has reviewed the subject claim and disagrees with the complainants liability analysis in this matter. As such, ********* respectfully maintains its coverage denial.
It is West Bends position that the subject accident occurred at an intersection between two highways as that term is defined under Tenn. Code ***. 55-8-101(30). That section defines highway as the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicle travel. Notably, Tennessees rules of the road do not include a definition for the term alley. Further, under section 55-8-128 of the ********* Code, the driver of a vehicle approaching an intersection while on a highway or drive shall yield the right-of-way to a vehicle that has already entered the intersection. Drive includes any way that is open to the use of the public for vehicular travel and that leads into or out of premises frequented by the public at large. Finally, if the vehicles arrive at the intersection at approximately the same time, the driver on the left shall yield to the vehicle on the right.
In this case, the roadway upon which West Bends insured driver was traveling was a paved roadway, marked at the intersection with a traditional street sign. Also, unlike a traditional alley, this roadway includes houses which face the roadway, and which bear the street address of ***********. As such, the roadway is open to the public for vehicular use and may be frequented by the public at large. Simply because the roadway is named *********** does not remove it from the definition of highway or drive under the rules of the road. We also note that the investigating officer in this matter referred the case to the municipalitys traffic engineering department to address the lack of traffic control devices at the intersection.
Respectfully, it is West Bends position that the complainant should have yielded the right-of-way to West Bends insured. The point of impact to the rear of West Bends insured vehicle demonstrates that the insured entered the intersection first. Even if the vehicles arrived at the intersection at approximately the same time, West Bends insured was positioned to the right of the complainants vehicle and the complainant should have yielded the right-of-way under ********* Code ***. 55-8-128(b).
Thank you for your consideration.
Customer Answer
Date: 02/22/2024
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I reject ********* Insurances' excuses for neglecting their responsibility and obligation to compensate me for all damages and losses caused by their insured.
Without question, *********'s insured was driving on an alley roadway. ********* has a specific law dealing with alley roadways. Under section 55-8-150 of the ********* Code, the driver of a vehicle emerging from an alley roadway shall yield the right-of-way to all vehicles approaching on the main roadway.
Tennessees rules of the road do not include a definition for the term alley because alley includes a broad spectrum of characteristics and not just a single cookie-cutter definition. It does not matter if it is an alley highway, an alley drive, an alley avenue, an alley roadway, a paved or unpaved alley roadway that has a traditional street sign that bears the name of the alley or not, with one or two houses facing the alley roadway or not, etc. The previously mentioned characteristics, in and of themselves, neither define nor negate the term alley.
In this case, there is no need to wonder or speculate because the alley roadway upon which *********'s insured driver was traveling was known to be an alley so much so that it actually was given a name, (Browns Alley). However, Browns Alley,is not frequented by the public at large, although ********* would have you think so. Just because the public at large may have access to the alley roadway, that does not change the fact that it is an alley roadway. The investigating officer referred the case to the municipality' traffic engineering department to address the lack of traffic control devices because it is a dangerous intersection of an alley roadway and a main roadway. Any improvements to help save lives are always welcomed.
*********'s insured should have yielded the right-of-way. The point of impact to the rear of *********'s insured vehicle only demonstrates that I, upon realizing that *********'s insured was not going to stop, though not able to stop completely myself, partly due to wet roadway conditions, was able to slow down enough to allow *********'s insured to almost make it across the intersection, otherwise I would have been in the middle of the intersection and he would have broadsided me. *********'s insured should not have been in the intersection at all because he should have yielded the right-of-way under ********* Code ***. 55-8-150.
Thank you for your attention in this matter.
Regards,
*****************************Business Response
Date: 02/29/2024
Thank you again for advising us of the complainants most recent response. Regrettably, we are unable to agree with the complainants further analysis in this matter. The complainants response makes a number of assumptions which we feel are not supported by ********* law. In particular, the complainant assumes that ********* drivers must be aware of the names of the roads on which they are traveling which then dictates the manner in which they drive. We find no support for this assertion under ********* statutes and we feel this is an incorrect interpretation of the ********* rules of the road. Rather,the rules of the road are determined by the physical characteristics of the roadway upon which the motorist is traveling. As indicated in our previous response, our insured was traveling on a paved roadway which intersected with another paved roadway. The drive upon which the insured was traveling includes houses which face the roadway which indicates the roadway is open to the public for vehicular travel. This places the roadway squarely under the definition of highway under Tenn. Code ***. 55-8-101(30) and drive under 55-8-128. As such, it is the companys position that the complainant should have exercised caution upon approaching the intersection and yielded appropriately pursuant to 55-8-128(b).
We recognize that the parties in this matter have a disagreement as to the appropriate application of ********* law to the subject accident. We would perhaps suggest that the complainant submit a claim for the any property damage to her own insurer and we will work with that company to resolve any outstanding dispute.
Thank you.Customer Answer
Date: 03/07/2024
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.Once again I must reject and disagree with ********* Insurance's excuses given in order to avoid their responsibility and obligation to compensate me for my damages and losses caused by the negligence of their insured. ********* suggested that I assumed that ********* drivers must be aware of the names of the roads on which they are traveling which then dictates the manner in which they drive. Ridiculous excuse !!!
I made no such assumptions. I emphasize the name of the roadway because ********* denies that it is an alley roadway. In this particular case, the name of the roadway (Browns Alley) defines it as an alley roadway for those, like *********, who may try to deny that truth.
I do, however, agree with *********'s acknowledgment that the rules of the road are determined by the physical characteristics of the roadway upon which the motorist is traveling. I travel in the area of the accident very often and am very familiar with the characteristics of the roadways. It is quite evident that Browns Alley, the roadway upon which *********'s Insured was traveling, is not a main roadway frequented by the public at large. There is only one inhabitable house facing the alley roadway and *********'s assumption that a house cannot face an alley is very faulty. Browns Alley is to the back of all the other properties near the alley roadway. The physical characteristics of Browns Alley are such that two cars can barely pass each other without one of the vehicles getting off of the paved portion and into the edge of the ********************* or grassy areas along portions of the way. It is definitely not a main roadway and anyone traveling on it should know as much by its physical characteristics, which is what ********* acknowledged should be the determining factor. I will attach a photo taken from inside a vehicle traveling on Browns Alley in the area where *********'s insured was traveling, to demonstrate the fact that the one vehicle almost fills the alley roadway. Remember that this is not a one-way alley roadway, although in some areas two motor vehicles cannot pass each other without one of the vehicles getting off of the alley roadway. It is definitely not a main roadway frequented by the public at large.
Defined by physical characteristics, it is an alley roadway and as such, *********'s insured should have exercised caution upon approaching the intersection of the main roadway (Fairleigh St.), on which I was traveling, and should have stopped or yielded appropriately pursuant to ********* Code ***. 55-8-150.
Please see the attached photo.
Thank you.
Regards,
*****************************Initial Complaint
Date:11/20/2023
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
My son was in an auto accident at the end of Sept 2023. The car he was driving is insured under my policy with *********. He was not at fault, other driver admitted full responsibility, as did other driver's insurance, State Farm. Initially it appeared that State Farm may declare the (old) car a total loss even though the damage was superficial and the car was working fine. I wondered about my options for keeping the car and getting a check for damages vs accepting a check for value of car. Also wondered if I could negotiate value of car with State Farm. Bottom line, I had a number of questions. I wasn't sure who to go to with these questions since I didn't have a clear cut agent. I called ********* and explained that I had some questions but specified repeatedly that I did not want to file a claim. I specifically asked if I could get some advice without filing a claim and was told that yes, I could speak to an adjuster and no claim would be filed. An adjuster calls me back, we have a conversation, he answers my questions and then at the very end as I am about to hang up he says that he has to file a claim and investigate the accident. I tell him I am not filing a claim and was told I could speak to him, ask him questions, with no claim filed. He insisted that a claim be filed and proceeded to both call and email me later to gather more information. I have since appealed to the claims manager and they refuse to remove the claim from my record. I am told that the claim will not affect my ********* premium but I also understand that other insurance companies may see any claim, even no fault claims with no payout from *********, as evidence of increased risk and charge me higher rates as a result.Business Response
Date: 11/30/2023
Thank you for bringing this complaint to our attention. ********* has reviewed this matter and regrets any miscommunication which resulted in a claim being established in our system.
Please know that ********* utilizes a third-party vendor to record claims made to the company. ********* is able to submit a request to the vendor to remove this claim from the insureds claim history. ********* is willing to submit such a request, although we performed a search of our vendors database,and this claim does not appear on the insureds claim record.
We have assured the complainant that this claim will not affect his premiums while insured with *********. In the event the complainant seeks insurance with other companies, this claim should not appear in his loss history. If for some reason it does, we would encourage the complainant to contact ********* and we will submit the appropriate request to remove the claim. ********* is also willing to prepare a letter to any prospective insurer explaining that neither the complainant nor his son was at fault for the accident and that ********* made no payments as a result of this matter.
Thank you.
Initial Complaint
Date:10/17/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
hired tree service. made sure they had insurance. they dropped tree on house on 9/14. have estimates from ****** up to ******. ********* Mutual insurance offered ******. out of all the estimates i got their's was the lowest. They didn't have a professional crew come to tarp house, seal it up, or clean up the the wreckage. There is structural damage to home, once again no professional sent to make sure its safe. The adjuster never went under house which makes me say how can their estimate be valid. My house has been like this for close to 5 weeks now. The heating and cooling is off from there being a huge hole in my house. And the tarp their insurance policy holder put up (the tree service) it leaks.Customer Answer
Date: 10/17/2023
**************************local-news/tree-on-**********- Please help. The insurance company is West Bend Mutual Insurance Company. I started a complaint with more info. ****** - ****** in estimates. They offered on ******. Its almost November and my house is sitting openhome-oct-10-2023 Business Response
Date: 10/27/2023
Thank you for bringing this complaint to our attention. ********* has been in contact with the claimant and the company is working to reach a mutually agreeable resolution to this claim.
As background, West Bends insured unfortunately damaged the claimants home while performing tree trimming operations on the premises. The loss occurred on Thursday, 09/14/23. The next day, West Bends claim representative contacted its insured who advised that he was going to seal up the claimants roof before impending rainfall. ********* also contacted the claimant that day and explained the claim process. Finally, ********* retained an independent third-party adjuster to inspect the premises and prepare an estimate of repair. ********* received the independent adjusters report on 09/26/23 and extended a settlement offer to the claimant the next day. However, the claimant rejected the offer, although no reason was provided.
********* recently received an estimate from the complainant for repairs to the home. ********* has forwarded the estimate to our third-party adjuster for review and to revise the companys offer if appropriate. We expect that review to be completed soon.
Thank you for your consideration.Initial Complaint
Date:09/06/2023
Type:Customer Service IssuesStatus:ResolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I live in a condo community on the bottom floor. 2 weeks ago the top floor was replacing a water heater in which they busted the main water line and flooded 3 floors. I have serious electrical problems and water damage and no one will contact me by phone to take care of this. They want me to pay to have everything fixed and then they will review the invoice . ******** company rude person by the name of **** . Hung up on me . Do not waste your money on this companyBusiness Response
Date: 09/15/2023
Thank you for bringing this complaint to our attention. The subject property sustained damage on 08/25/23 when a water line ruptured during the installation of a hot water heater in one of the condo units. The claim was reported to ********* on 08/29/23 and West Bends claim representative made contact with the complainant at that time. Because the complainant stated she was having electrical problems in her unit, ********* suggested that she contact her own insurance company to arrange for a local electrician to inspect the electrical system. On 09/06/23, ********* again emailed the complainant requesting that she contact a local electrician to diagnose the problem and forward the inspection invoice to ********************* Bend will continue to work with the complainant to make any and all necessary repairs resulting from this loss.
Thank you.
Customer Answer
Date: 09/15/2023
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[Please type your response here.]
The incident did happen on the 25th of August. Today is Sept 15th and nothing has been done. This company did not contact me I had to contact them after 2 weeks of trying to figure out who to call. Then when I did get them ***************** up on me , so no this is not except-able. Still have never heard anything from adjuster to where we could have someone out to look at the situation. Im not sending a bill to your company and you rejecting it because and adjuster hasnt notified anybody of the tenants yet. Theres probably mold in the insulation from being flooded , the appliance are getting ruined from the electrical problem. Im a single parent and dont have the time to do their work . They need to fix the problem. I am in contact with an attorney about this .
Regards,
***********************Business Response
Date: 09/25/2023
We have received the complainants additional concerns. West Bends claim representative has since spoken with the complainant on 09/19/23. The claim representative has also exchanged multiple emails with the complainant to keep her updated as to the status of the claim.
We understand that an electrician has now inspected the premises and ********* is working to obtain the electricians report. ********* has made multiple attempts to contact the electrician and expects to speak with them shortly. West Bends independent adjuster has also now completed an inspection of the affected units and prepared estimates of damage.
********* is committed to moving the subject complaint along and we are hopeful the complainant recognizes the companys ongoing efforts toward resolving the claim in a timely and mutually satisfactory basis.
Customer Answer
Date: 09/25/2023
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
Regards,
***********************Initial Complaint
Date:08/22/2023
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
*******************************:Hello, my name is *******, on Wednesday morning around 5:09 AM. I was traveling on ****************************************************************************************** Some thing flew from his truck since his load was not covered striking my windshield at a very **********, making a very loud sound, and when I honked at the driver, he did not stop, I proceeded to pass him and drive a few seconds ahead of him forcing him to stop so that I can let him know that some thing from his truck stroke my vehicle. I then asked him to share his insurance and drivers license with me, which he refused and pointed to the driver side door of his truck, where his truck and company name Showstoppers Express out of ***********, *********, DOT number ******* and MC number 887374-P was located and asked me to take that information and refusing to give me any other form of identification. Later that day, I did report the incident to the ******** state police. The police report number is F03-23-3837. I also called West Bend mutual insurance company and made a claim the claim number Aq73227. They did call me and took my statement. I was very honest with him. I told him that it was dark. I did not see what actually struck my vehicle, but I know it flew out of his truck as we were the only ones on the highway and that whatever it was, it was something really strong and heavy which made a very loud bang today August 22 I called Adjuster Name ****************************** Adjuster Phone Number ************** and she told me that they were denying the claim because they didnt have the evidence that it actually came from the truck. Can you please help me resolve this issue as Im 100% sure the flying objects came from the trunk just because I didnt see it it was dark and it happened in a split second that doesnt excuse them from being liable. I would like them to pay for the damage that their insured caused to my windshield. Thank you for your time.Business Response
Date: 08/30/2023
Thank you for bringing this complaint to our attention. ********* investigated this claim which included interviews of the complainant and West Bends insured. Although the complainant believes an object came from the insured truck and struck her vehicle, she is unable to identify the specific object. She further indicated that it was dark at the time and that, in fact, she never saw the object that struck her windshield. In addition, ********* obtained photos of the insured truck and its cargo. Based upon the configuration of the truck and the nature of the cargo being hauled, there is no evidence indicating that any object would have come from the insured vehicle. While we understand the complainants disappointment, ********* respectfully maintains its denial in this matter. We would encourage the complainant to submit a claim with her own insurance carrier for the damage to her windshield.
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