Kelly Holleran Oct. 1, 2013, 7:12am

A man has filed suit against the insurance company that he claims refuses to pay him 100 percent of the property damages he incurred in a collision.

Daniel Simmons claims he sought $3,561.64 from defendant United Services Automobile Association after his vehicle was involved in an accident with one of its insured drivers. The insurance company initially agreed to pay the amount, but later offered to send a check for $2,49.15, which is only 70 percent of the agreed-upon total, according to the complaint filed Sept. 12 in St. Clair County Circuit Court.

“The defendant, USAA, admitted that its insured, Jeffrey Cashion, was 70 percent at fault for the damages sustained by the plaintiff, but claimed that the driver of plaintiff’s vehicle was 30 percent at fault,” the suit states.

However, Simmons contended that he is not at fault for the collision. Rebecca Ann Simmons was driving his 2002 Chevrolet Trailblazer on Old Collinsville Road near its intersection with Lincoln Trail on July 19 when defendant Jeffrey Cashion, who was driving a Porsche Cayenne on Old Collinsville Road, crossed the double-yellow lined median in an attempt to pass a vehicle. Cashion struck the Trailblazer while driving on the wrong side of the road, the complaint says.

Daniel Simmons blames Cashion for causing the collision, saying he negligently failed to keep his vehicle in the proper lane and failed to keep a proper lookout.

In his three-count complaint, Simmons is seeking a judgment of more than $3,500, plus actual damages, punitive damages of nine times his actual damages and costs.

He will be represented by Bernard J. Ysursa of Cook, Ysursa, Bartholomew, Brauer and Shevlin.

St. Clair County Circuit Court case number: 13-L-464.

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