Posted by Mark in NJ on Thursday, February 24, 2005 at 6:17PM :
Hi all,
Happy lantern festival fo rthose who follow Chinese holidays. We should all know these things since most of our business is over there.
Anyway, I was in an accident and the other driver is clearly at fault. His insurance company, State Farm is initially denying the claim.
The facts:
I was in the left lane about to pass a Big rig that was in the right lane. 40 MPH zone.
A pick up came up fast in the right lane and cut into my lane not wanting to stay behind the big rig.
his drivers side rear quarter panel, tool box, and bumper were damaged.
My front passenger side door, mirror, fender, and bumper were damaged. My bumper was pulled out and up a little. I was pushed into the road divided that is a curb with a grass middle are 16" wide. My front drivers side tire hit this curb for a short while as he did not stop upon contact.
We hooked bumpers and he kept going even after we unhooked. He finally pulled over to the right shoulder and I pulled up behind him.
Police report states his contributing factors as not paying attention.
The police list NONE or no contributing factors on my part.
The police listed that he was changing lanes and SIDE SWIPED me.
State Farm's adjuster came and noted all the damage.
The other driver first stated that he went to switch lanes from the middle lane and I sped up and hit him as he entered the left lane(my lane of travel). There is NO middle lane.
Now he said to State Farm that he completed his lane change and I went on the shoulder of the road to pass him.
There is NO shoulder on the left side of the road. The curb and the grass divider is 3" past the solid yellow line on the left side of the left lane. So he has 2 stories.
It seems as if State Farm is ignoring the facts, the police officers determination, their own adjusters report on the physical damage and evidence, and trying to accept the drivers version.
My insurance company is not involved since I don't have full coverage. Maybe State Farm thinks they can push me around if i am on my own. I must and will fight State Farm on my own if I have too.
I requested their investigator to look at the scene to show that there is no left side shoulder or middle lane. I also took 18 photos of the roadway leading up to and after the point of impact.
The police reports diagram show us parked on the side of the road but states that the vehicles were moved from the point of impact.
The other driver needs an translator, has a Chicago, Ill address on his driver licence, and works with his brother's boss whose truck he was driving. His brother lives in NJ where this all happened.
Any ideas, thoughts, educated opinions that might help.
I am not one to duck responsibility. But I am 100% NOT AT FAULT!!!!
Thank you in advance.
Mark in NJ
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