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WAS ABOUT TO TURN LEFT ONTO BROOKDELL DRIVE WHEN THE VEHICLE DRIVEN BY MRS. THE AMOUNT OF THE LOSS WAS $543.83. WE FURTHER UNDERSTAND THAT THE MACKAY PUBLISHING CORPORATION'S COLLISION INSURANCE WITH YOUR COMPANY WAS A $250 DEDUCTIBLE POLICY. YOUR SUBROGATION CLAIM IS IN THE AMOUNT OF $293.83. SINCE THERE IS NO EVIDENCE TO THE CONTRARY. NO POLICE REPORT WAS FILED. WE MUST CONCLUDE THAT THE CAUSE OF THE ACCIDENT WAS THE FAILURE OF MRS. KRIEGER IS NOT LIABLE FOR THE ACCIDENT. WE HAVE NO ALTERNATIVE BUT TO DENY YOUR CLAIM. IF YOU ARE DISSATISFIED WITH THIS DENIAL.

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B-196022, OCT 15, 1979

SUBJECT: MACKAY PUBLISHING CORP. YOUR CLAIM NO. 116422

S. SICOLI, STATE-WIDE INSURANCE COMPANY:

WE REFER TO YOUR CLAIM AS SUBROGEE OF THE ABOVE-NAMED POLICYHOLDER, FOR DAMAGE TO A COMPANY MOTOR VEHICLE RESULTING FROM AN AUTOMOBILE ACCIDENT ON APRIL 30, 1979, IN HARTSDALE, NEW YORK. THE ACCIDENT INVOLVED YOUR POLICYHOLDER'S VEHICLE DRIVEN BY MRS. MILDRED KRISTT AND A GENERAL SERVICES ADMINISTRATION (GSA) VEHICLE DISPATCHED FROM THE GSA MOTOR POOL, OPERATED BY MR. NORMAN KRIEGER, AN EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE.

THE RECORD BEFORE OUR OFFICE SHOWS THAT MR. KRIEGER, TRAVELLING WEST ON DALEWOOD DRIVE, WAS ABOUT TO TURN LEFT ONTO BROOKDELL DRIVE WHEN THE VEHICLE DRIVEN BY MRS. KRISTT, PROCEEDING NORTH ON BROOKDELL DRIVE, WENT THROUGH A STOP SIGN AND STRUCK THE DRIVER'S SIDE OF THE GSA VEHICLE, DAMAGING IT FROM THE FRONT TO THE REAR DOOR. THE POLICY HOLDER'S VEHICLE SUSTAINED DAMAGES TO THE FRONT BUMPER AND THE LEFT FRONT HEADLIGHT AREA.

ACCORDING TO THE ESTIMATE SUBMITTED WITH YOUR SUBROGATION CLAIM, THE AMOUNT OF THE LOSS WAS $543.83. WE FURTHER UNDERSTAND THAT THE MACKAY PUBLISHING CORPORATION'S COLLISION INSURANCE WITH YOUR COMPANY WAS A $250 DEDUCTIBLE POLICY. THUS, YOUR SUBROGATION CLAIM IS IN THE AMOUNT OF $293.83.

SINCE THERE IS NO EVIDENCE TO THE CONTRARY, AND NO POLICE REPORT WAS FILED, ON THE BASIS OF MR. KRIEGER'S VERSION, WE MUST CONCLUDE THAT THE CAUSE OF THE ACCIDENT WAS THE FAILURE OF MRS. KRISTT TO OBSERVE THE STOP SIGN BEFORE ENTERING THE INTERSECTION. IT SEEMS APPARENT, THEREFORE, THAT MR. KRIEGER IS NOT LIABLE FOR THE ACCIDENT.

IN VIEW OF THE AVAILABLE EVIDENCE, WE HAVE NO ALTERNATIVE BUT TO DENY YOUR CLAIM. IF YOU ARE DISSATISFIED WITH THIS DENIAL, YOU MAY FILE SUIT AGAINST THE GOVERNMENT IN THE APPROPRIATE UNITED STATES DISTRICT COURT NOT LATER THAN 6 MONTHS AFTER THE DATE OF MAILING OF THIS LETTER. SEE 28 U.S.C. SEC. 2401(B) (1976) AND 28 C.F.R. SEC. 14.9.

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