I was rear-ended by a motor-home who was towing a car, it was a two-lane transition road from one freeway to another and ahead of us an accident had happened and was partially blocking the lanes, in my lane was a truck who was half on the shoulder half in the lane, in the motor-home's lane, was a man who was waving his arms at us to get us to slow down, as I approached I had already started braking and saw that I had enough room in my lane to get by the truck, so I continued, cautiously, realizing at this point, an accident had happened, I had slowed to probably around 20 miles an hour, just as I passed the accident, completely unsuspecting, the motorhome which had been in the lane next to me, plowed into me, sending me at least 50 feet forward, I then pulled over to the right shoulder when the elderly man who hit me was approaching me as well as the guy who had been waving his arms in the other lane (witness) the elderly man said there was no where for him to go and no way he could stop the witness said to me "Don't worry, I saw everything, that guy never even slowed down and was going about 70mph when he hit you". Still dazed somewhat, the CHP arrived on the scene responding to the first accident call. There were two CHP officers, they asked if it was all one accident and when they found out it wasn't, the one said "You take this one and I'll take that one". The driver of the motor home and I were exchanging information at this point, the CHP asked for my statement first, we were standing on the road and I went to tell him what happened showing him the truck still partially blocking my lane and when I got to the point of saying "So as I started braking and approaching the truck in my lane..." He interrupted me and said "You merged into the other lane to avoid the truck..." I replied "No, I never merged, I never left my lane" he then rolled his eyes at me and said "Oh, Ok". While interviewing me, he was very distracted and finally told me that today was supposed to be his "fourth of july weekend" (it was the day after the 4th) and this was the 2nd accident he'd already responded to, I said nothing. In the meantime, the witness who had already wrote down his name and phone number and given it to me, had left, apparantely before making any statements, so when I said to the CHP, there was a witness he said "What witness?" as the guy had left at this point. When we walked over to inspect the damages to my car, he responded with "All this??" like he was surprised. My entire hatchback window was shattered and rearend was completely caved in direct center hit. Anyway, to my shock, the following day when getting the face sheet it stated that I was in violation of "unsafe lane change" that I had a truck completely blocking my lane so I merged over into motorhomes lane and caused the accident! It then when on to misquote me as saying that I said I merged over into his lane to avoid truck in my lane, made no mention of man blocking motorhome's lane and based on my statements it was determined that I was at fault and caused accident. I was not cited at the scene or since then. Once I got actual police report that explained above in detail, I immeadiately wrote a letter to supervisor at the CHP dispatch where this officer is located and explained my situation, I was not rude or accusing of the officer, just stated what happened and that I would like the situation investigated. I've recieved no reply at all. I have an attorney now, however, I'd like to know, do I need to write another letter to the supervisor restating everything and send by registered mail for acknowledgement? I know the police report is a legal document that carries alot of weight and is supposedly written by an officer who is unbias of the situation but this is not what happened, my attorney knows this is a difficult case as well, but since the fault is attributed to me on police report, insurance co's will find me liable. any idea's?
Thank you, sorry it's so long of a post.
Thank you, sorry it's so long of a post.
