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'Ted' Theodore Lewis Whidden

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     Exposing Fraud and Deception to protect the public good.

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Correspondence contained herein is considered a reasonable copy of the original.  During formatting some content may have been electronically altered.  In some cases names have been masked or modified to assist in connecting or protecting those involved. In several instances the disclaimer at the bottom of emails shared thru the underwriter's messaging system were removed in web formatting. It will likely be found that the use of disclaimers in their email footers is an attempt to conceal material data, and to use this as a tactic to intimidate victims. (Thus another pattern of fraud emerges.)

 

(Check Formatting)

 

 

www.tedwhidden.com>


P.O.Box 158
Chipley, Florida 32428
1 October 2010
Demand Letter sent to Oliva

Pursuant to traffic investigation/collision

To: OIiva Delivery Service (aka Oliva

Trucking)
Attn: Marlen Ruiz


Attn: Osmar Oliva


Sent to you 29 September 2010

Oliva Delivery Services/aka OlivaTrucking
4164 NW 132nd street
Opa Locka, Florida 33054

Reference:
Oliva Delivery/Oliva Trucking Wreck 29 August 2010

Pursuant to Florida Law and Federal DOT Statutes please provide copies of the following listed documents immediately. As you know, the documents requested herein are being requested as a result of an over the road accident dated August 29, 2010, FHP report attached for your benefit. You may not be aware that DOT investigation has been initiated, and a good faith case is underway regarding claims handling procedures by your appointed claims agent. You may have some recourse against them if this continues (seek legal counsel). I make you aware of this so that you know in advance the entire “fabric” of documents you are required to maintain on
file are subject to audit. Often falsification of logs, documents, etc subjects drivers, dispatchers, owners, etc to fines, fees, and jail time if tampered with or altered. It is in everyone’s best interest with the level of oversight in this case to maintain everything in an above board manner.

As you may know, the underwriters/claims handlers on this file are under investigation by the State Commissioner of Insurance, the Financial Services Division of the State of Florida, and the DBPR (Division of Business and Professional Regulations). Since they are involved in interstate commerce this may have federal repercussions. This investigation is directly and specifically associated with the incident in question and their dealing with same. One can imagine that their advices and guidance at this juncture may be influenced by their own interests and not yours.  The claims handlers/underwriters are presently evaluating “liability” in the above referenced incident. In that regard it opens the door for driver liability discussions and the record discovery herein which you are mandated under Florida Law to comply with. The cost of the discovery
should be or eventually will be born by the responsible party and/or your underwriter for going in this direction. Feel free to send them a bill for your costs as regards the discovery.

From what I have been told if your representation of this loss chooses to “share” or “spread” liability to our side of the loss/claim as victims then a whole host of driver, owner, operator records become discoverable, and your liabilities escalate quite severely. Meanwhile, it appears as if liability discussions end with your trucker being fully liable, the conventional discovery and questioning of driver, owner, operator tactics often goes away. If you speak to legal counsel in this regard ask them about your “PIP defenses”. You see from a victim standpoint (which is our position) if you accept liability things are expedited and resolved easier/faster, if on the
other hand liability is shared, then the potential for recovery escalates and a “pandora’s box” of opportunity is opened for recovery. I advise you so that you can see your claims handler/agent/underwriter’s actions may not be in your interests at all times. As a fellow business man if we hold the underwriter/adjusters accountable for what they are responsible, then it should not negatively affect your business or mine. Unfortunately, to this point we are/were a victim of being run over by an 18 wheeler, and now are being run over a second time by the claims process by your agent. You are encouraged to seek counsel to verify what I share with you. I am merely
looking for a quick, clean resolution so I can try to put life back in some semblance of order.

www.tedwhidden.com>


P.O.Box 158
Chipley, Florida 32428
1 October 2010
Demand Letter sent to Oliva

Pursuant to traffic investigation/collision

We give you 21 days to comply with the enclosed demand. All documents should be on 8.5”x 11” paper, boxed and shipped to www.tedwhidden.com>

, P.O.Box 158, Chipley, Florida 32428. Please send an email to The Desk of Ted Whidden to advise when documents have been shipped so we can
be in anticipation of their arrival. Failure to comply with this demand leaves you fully responsible under Florida Law. Should your underwriters wish to have copies of same, then you may wish to provide at this time, with full costs billable to your underwriter. Should the claims handlers/underwriters balk at payment as anticipated due to the previous and ongoing bad faith issues, then I agree to pay reasonable costs if stipulated and agreed in writing prior to your production of documents. My reasonable costs are of course billable back to you and your underwriters with my own handling costs, charges, etc added. This will actually further support the good faith/bad faith actions they have prescribed to leading to this point. It is with anticipation that good faith handling efforts will see fit for you or your claims process personnel carry the cost of this part of discovery. If they prefer to litigate this incident, then we are probably more prepared today, than
they ever will be, and the costs could explode, yet liability never shifts.

No matter if your underwriter/claims agent decides to negotiate, discuss or drop their pursuits or discovery for “liability” purposes, these documents are required since requested during the ongoing “liability” investigation of your underwriter. What I anticipate seeing is an on again, off again liability discussion by them to continue the misdirection and deception tactics noted to this point. In short, you are held to compliance with these demands no matter what transpires in the days ahead. No discussion verbal, written or in any other form will release you from you obligations and responsibilities to comply and should not be interpreted as an opportunity for such action/inaction.

No advice herein is meant to give you legal advice. I am merely sharing first party information with another first party to a loss in an effort to avert a train wreck in the legal process that may make our truck wreck more complicated. Seek counsel on all items as you see fit.

Please provide all of the following:
Driver Documents:
Full copies and disclosure of a driver records including, but not limited to DMR records, driver violation records, driver logs (3 months only of driver logs), Copies of any/all citations on this driver’s commercial driving record with special emphasis to the time under your employ and actions taken by your company.
Driver drug testing records, accident records, medical records, and copy of company policy in this regard.
Driver Cell phone records for one month prior to incident and one month after incident including text messaging records if accessible/available thru his cell phone carrier
Driver to map out the specific route taken for his route/driving 3 days prior to accident to 10 days after the day of incident (two weeks total) to include date and time of arrival at each stopping point along the way, including duration of stop/delay.
Records of any/all persons accompanying driver at any given time and the reason for the rider.

Dispatcher:
Dispatcher phone logs and records (ALL dispatcher communication records) for the day before the incident until the date of the vehicle returning to the Miami area. (Dispatcher needs to be made aware of the potential personal legal repercussions if their logs are not provided in accurate
manner.)

Truck records:
Full copies of all truck inspection records for the year leading to and following the accident period, with special section outlined for issues associated with the vehicle incident referred to above.

www.tedwhidden.com>

P.O.Box 158
Chipley, Florida 32428
1 October 2010
Demand Letter sent to Oliva

Pursuant to traffic investigation/collision

Full copies of any/all inspections, corrections, repairs, or maintenance of the truck regarding the accident
Fuel copies of all documents for fuel purchases of the tractor truck for 2 months leading to the accident and 1 month following the event.

Trailer records:
Please send trailer registration records
Preparation records for cargo including third party or first party fumigation records prior to loading.

Transit records:
Any and all records concerning DOT, FHP, or any other State Federal action, event, warning, or notice concerning the truck, trailer or driver, For this part of the discovery the period of time would be one year prior to incident to the present time at the time in which you comply with the demand list herein.

Please send all “Shipping and Agency Documents” as listed in Appendix A of DOT trucking regulations that pertain to this incident including but not limited to:
Cargo Records: (You will note this list is mostly compiled from Appendix A of DOT trucking regulations. You are required to have this available for one year.)
Information regarding cargo characteristics, including inherent vice, fumigation records, fumigation and handling recommendations and evidence of proper handling of same.
Full bills of lading for the last three exchanges of the cargo leading to the incident, all the way through to full delivery of the cargo to the ultimate consignee. This should include all delivery receipts, exchange paperwork, and specific notes at each juncture. This will require that you provide an original copy at each interchange point of the cargo so that the “development” of the document or growth and notes of the exchange can be mapped out from point of shipment to point of delivery.
All interchange paperwork for cargo including date/time stamps for the interchange.
Records of who packed cargo, when, where, characteristics of cargo, ownership of cargo at each interchange including contact information with their corporate officers.
Bills of Lading and releases including Consignor’s shipping orders, consignor’s shipping tickets, and copies of bills of lading, freight bills from other carriers, and other similar documents furnished the carrier for movement of freight relating to incident.
Shipper’s order to notify bills of lading taken up and cancelled relating to incident

Freight waybills for the cargo to point of final destination (local and long haul).
Interline waybills to point of ultimate destination from and made to carriers.
Company freight waybills
Express waybills
Freight bills and settlements, paid copy of freight bill retained to support receipt of freight charges.

Contracts:
Copy of wage/employment contract with the driver, and the current disposition of driver employment
Copy of contract of carriage and/or agreements with cargo interests, trailer owner interests, tractor/truck owner or interests, Insurance policies having to do with the company, truck, trailer, driver, cargo, etc.

Claims records (as required by DOT Stature). You may recognize this list from Part F of
Appendix A of DOT trucking regulations.
a) Claims register, card, or book indexes, and other records which record personal injury,

www.tedwhidden.com>


P.O.Box 158
Chipley, Florida 32428
1 October 2010
Demand Letter sent to Oliva

Pursuant to traffic investigation/collision

fire, and other claims against the company together with supporting data relating to this event.
Claims registers, card or book indexes, and other records which record overcharges,damages, and other claims filed by the company against others, together with supporting data relating to this event.
Records giving the details of authorities issued to agents, carriers, and others for participation in freight claims relating to this event.
Reports, statements and other data pertaining to personal injuries or damage to property when not necessary to support claims or vouchers relation to this event.
Reports, statements, tracers, and other data pertaining to unclaimed, over, short, damaged, and refused freight, when not necessary to support claims or vouchers. Authorities for disposal of unclaimed, damaged, and refused freight related to this event.

I look forward to a quick efficient resolution to this loss. Unfortunately, we are put in a position
wherein the above needs to be discussed and requested. It is my hope to find some peace for
the days/weeks to come, and with hope underwriters will be interested in settling this before mid-
November, thus saving us all a protracted involvement in an event that we all wish had never
happened.

Sincerely,

www.tedwhidden.com>


The Desk of Ted Whidden
P.O.Box 158
Chipley, Florida 32428

CC:
Oliva

Delivery by e-mail,
Aequicap by email,
State of Florida by email
CastlePoint/Tower by email

 

(Formatting for this web presentation removed the bullet numbers (letters) A-E in the above list, but all the data is fully in tact.)

 

 

 

Supreme Court ruled unanimously written by Judge William Rehnquist concerning Hustler Magazine v Jerry Falwell

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty – and thus a good unto itself – but also is essential to the common quest for truth and the vitality of society as a whole."

Supreme Court Judge Scalia wrote concerning Pope v Illinois

"Just as there is no use arguing about taste, there is no use litigating about it."

Copyright May 2011, All rights reserved by Ted Whidden