several months ago i re-entered a 2 lane rural "highway", immediately turned on my blinker for an intended left turn some 200 feet beyond my re-entry and proceeded at about 10 mph towards my turn (blinker on) - a deliver truck travelling about 50 came up behind me and attempted to pass me just as i was looking in my center rearview (he was at that very second in my blind spot and starting to hit me) - he began to strike my car just at the left tail light and the swept up the side throwing me back into the right lane as he swerved to the left. I was violently smashed against the left side of the car from the impact and was very dazed. There were no close witnesses (and none stayed) and i struggled to get my bearings and "walk it off" while the police were called.
when the sherriff department arrived, no measurements were taken, and the officer (after taking a quick look at both of us drivers) was suggesting to me repeatedly and very emphatically that i go get checked out at the hospital - i was confused, dazed- concerned about my neighbors car i was driving and my own possible injuries, and was not able to see an unfortunate circumstance that was developing.
the driver of the rather large delivery truck was a worker-bee for the company he was driving for - and he was very clearly from the same ethnic group as the officer that arrived at the scene (the predominate other-than-white ethnic group in new mexico). I am a white middle age male. the officer repeatedly assured me that i should go get checked out (take the ambulance ride)and also repeatedly assured me "it's OK - it would all be in the report" - and so, i did.
it took 3 weeks of coaxing and pushing the friendly staff at the sherriffs to get the report - one that i could not have in my wildest imagination believed would have assigned ANY fault to me much less 100% of the fault - but that is defacto what happenned! the officer did not say in the accident "narrative" that it was my fault in so many words but in his "contributing factors" which is how the insurance company passes judgement, he assigned ME the failure to "yield to the other vehicle" (passing ME at a high speed ignoring my blinker) as well as "failure to avoid contact" and the incredulous "other improper driving" which was never elaborated anywhere in the report. he assigned NONE as contributing factors from the other driver....!
i am having trouble now writing this some 3 months later - it is so unbelieveable - that an officer can arrive post-accident and then after 3 weeks write a report that virtually assures me, the driver of a vehicle struck from behind, that the other driver will have NO liability for this accident!
the insurance company has ruled against me - what can i do?? even if there was not intentional prejudical treatment on the part of the officer (i am white the other driver and the officer the other ethnic group) then the very fact of someone moving at 10mps with a signal on being 100% at fault in this accident is unbelievably ludicrous.
i am strugging to survive in my 20year chosen profession as an independent artist/potter (the officer even called me "unemployed" on the report!!) and have a wife and 10month old child to support and no money to hire a lawyer to fight this - how do i effective contest such an outrageously unfair police report??
i am personally doing the body work on my neighbors car to try to get him his vehicle back and am absolutely torn apart by this situation.
does anyone have any suggestions please?
when the sherriff department arrived, no measurements were taken, and the officer (after taking a quick look at both of us drivers) was suggesting to me repeatedly and very emphatically that i go get checked out at the hospital - i was confused, dazed- concerned about my neighbors car i was driving and my own possible injuries, and was not able to see an unfortunate circumstance that was developing.
the driver of the rather large delivery truck was a worker-bee for the company he was driving for - and he was very clearly from the same ethnic group as the officer that arrived at the scene (the predominate other-than-white ethnic group in new mexico). I am a white middle age male. the officer repeatedly assured me that i should go get checked out (take the ambulance ride)and also repeatedly assured me "it's OK - it would all be in the report" - and so, i did.
it took 3 weeks of coaxing and pushing the friendly staff at the sherriffs to get the report - one that i could not have in my wildest imagination believed would have assigned ANY fault to me much less 100% of the fault - but that is defacto what happenned! the officer did not say in the accident "narrative" that it was my fault in so many words but in his "contributing factors" which is how the insurance company passes judgement, he assigned ME the failure to "yield to the other vehicle" (passing ME at a high speed ignoring my blinker) as well as "failure to avoid contact" and the incredulous "other improper driving" which was never elaborated anywhere in the report. he assigned NONE as contributing factors from the other driver....!
i am having trouble now writing this some 3 months later - it is so unbelieveable - that an officer can arrive post-accident and then after 3 weeks write a report that virtually assures me, the driver of a vehicle struck from behind, that the other driver will have NO liability for this accident!
the insurance company has ruled against me - what can i do?? even if there was not intentional prejudical treatment on the part of the officer (i am white the other driver and the officer the other ethnic group) then the very fact of someone moving at 10mps with a signal on being 100% at fault in this accident is unbelievably ludicrous.
i am strugging to survive in my 20year chosen profession as an independent artist/potter (the officer even called me "unemployed" on the report!!) and have a wife and 10month old child to support and no money to hire a lawyer to fight this - how do i effective contest such an outrageously unfair police report??
i am personally doing the body work on my neighbors car to try to get him his vehicle back and am absolutely torn apart by this situation.
does anyone have any suggestions please?
