Update by user Jan 28, 2017
I decided to rely on court. I filed a suit against the insurance company.
Then I got a email from the insurance company saying that I should file it against the truck driver, not the insurance company.
The Erie insurance adjusters have no explanation for my observations like the impact point is too high for a liftgate in such a stationay state.
Even if the liftgate was in a stationay state, it was at best sticking out into the main road(upsloping then flattening and winding) about 1-2 feet at or above eye level for a driver driving a SUV. They claim contributary negligance on my part.
Update by user Jan 07, 2017
I have to make correction.
The liftgate in picture stored tucked under the truck.
However, because of that, more conlusively, the impact area on my car so high that it can only be made by the liftgate in operation or the falling liftgate.
Anyone in Erie Insurance see this?
The following is from Erie Ins. adjuster.
"Good morning. We are unable to make a liability decision based upon assumptions and/or suspicions.
Our investigation indicates that our insured’ vehicle was there to be seen and not moving when you impacted it.
We continue to deny liability for this loss based upon the contributory negligence defense. The written liability denial letter is forthcoming."
Update by user Jan 03, 2017
Yesterday, I went back to the site of the accident. I noticed that the road is winding just before the the area of the accident and flattens out.
Street lights and headlights of the incoming cars impedes the view of the area where the liftgate was dropping, at or above my eye level sitting inside my car. The videos were taken at the dashboard level.
Update by user Dec 30, 2016
I have Geico.
The truck is owned by Academy Linens and covered by Erie Insurance.
Original review posted by user Dec 29, 2016
Ilegally parked delivery truck with its back on the road and front facing an Hilton Garden Inn dropped its liftgate over the road and fell on my car damaging frame and puncturing a hole in the front windshield. 7:30pm on 12/18/2016.
The truck had no lights on anywhere and no warning signs like orange cone on the road. Two police cars in sights and Virginia Arlington District Court right across the street. The truck was well hidden by street parked cars on two way lane. It was severely sloped.
Erie Ins denied my claim. I have only liability on my insurance.
I cannot afford a lawyer. The truck driver did not get even a parking ticket.
Product or Service Mentioned: Erie Insurance Auto Claim.
Reason of review: Poor customer service.
I didn't like: Claims service, Customer service.