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Mr. Garner. You answered a question for me yesterday and I…

Hello Mr. Garner.You answered a...
Hello Mr. Garner.You answered a question for me yesterday and I was hoping I could do a follow up . I am Ok with paying a second time to handle this as a follow up issue. I was contacted by State Farm today after filing my claim and was told that the other driver is claiming they were completely on the shoulder and had their hazards engaged. I explained to my claim,rep. That I have video disputing that. She said she is leaning towards finding me at fault since I must have been over the line when,she was hit. I am sending the video with my explanation in writing. I would like to send you the you tube link to review and make sure that I am not making unnecessary or damaging statements. Ironically, State Farm will only accept a YouTube link sent by email or a mailed in disk /flash drive for virus reasons. Can I use your expertise again to review my response to State Farm and make sure it is appropriate ?
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Answered in 4 hours by:
11/25/2017
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1,118
Experience: JD with Distinction, Admitted to practice in California
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Hello,

I'm happy to help.

DCG

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Customer reply replied 8 months ago
Thank you. Let me start by telling you my interactions today and than I can send you my proposed response to State Farm with the attached video.Today I notified my claims department about the accident. About two hours later, I received a call from my claims examiner. She stated that she spoke to the woman who had all my insurance information and the accident report number. She stated to the claims examiner that the state trooper told her I was at fault and that he was writing me a summons. She also stated she was clearly pulled off the road and had her hazards on. She stated to the claims agent that she had sat in her car for 15 minutes and no one else hit her. She did not mention that she was sitting in the passenger seat because she had several close calls. Something she clearly told both me and my wife.At the point the state trooper arrived, he spoke to the woman in the disabled vehicle and a second person who hit the barrier trying to avoid our accident. The trooper refused to allow me or my wife to walk to or photograph the other vehicles while he allowed her to walk to mine. He provided my insurance information and report numbers to the other two drivers but would not take my statement or give me a report number or provide me their information. He made a remark about people driving too fast and that I could only take to mean he was referring to me. He claimed he saw my skid marks leading to her car from behind but she was side swiped and not hit from behind. The video also,shows I did not brake because I did not see the car. The video also shows my car continued to go straight after striking the vehicle indicating it was a side swipe.My adjuster was calling me today to basically tell me they were going to accept responsibility based on what the other driver stated plus verification once the officers report was provided. I explained to them that I had a dash cam in the car and recorded everything at the time of the incident including the disabled driver not having hazards on and that her car placement was clearly showing she was on the line and not completely on the shoulder as she stated. I also told the adjuster that the officer would not allow me to inspect any damage or make a statement and told both my wife and myself that he was not thinking about who was responsible and that he wanted us off the road because he had another call to respond to. I have had so many positive interactions with police officers that this one shocked us.I understand that my focus needs to be on the fact she did not have hazards on (which I think we can all agree on based on the video) but based on her other inaccurate facts and the state troopers inaccurate report, I am wondering how much I should respond to. I am also apparently receiving a citation but I have no idea for what.Here was my response attached to the video. Please advise if I should add or remove anything.
Customer reply replied 8 months ago
I am not seeing things correct ? It clearly shows no hazards on ?
Customer reply replied 8 months ago
My vehicle damage
Customer reply replied 8 months ago
My vehicle damage 2
Customer reply replied 8 months ago
My vehicle damage 3. It appears all the damage was clearly on the side. I don’t even think I cracked my head light.

Hello,

Before you get in too deep, I think I would wait until you see the police report and find out if they are sending you a citation. You might simply forward the video and note that clearly no emergency flasher were visible or other warning devices present. Then hold off on making any other statements until you see the documents to follow. No sense in locking yourself into a statement before you see what you have to respond to. What I would do is run this by a local attorney. You are not bound by the cop's and insurance companies' determination as to fault. You may wind up in a situation where you have a significant claim against the other driver.

DCG

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Customer reply replied 8 months ago
The state police barracks confirmed I was being cited and was found at fault when I called them. The report will not be positive or accurate. I will take your advice about limiting my response. In your opinion, should I get a local attorney now or wait. What type of attorney (specialty) should I look for ? I will absolutely fight the citation.

Hello,

I would wait. Get all the documents together, see what they say, and decide then. It would not hurt to consult with an attorney (personal injury/auto accident) as most will do so for free. Show them the video, the paperwork, etc and see what they say. If an insurance company thinks you have representation, they will probably handle the case differently. Either way it would not hurt to talk to someone for free, and I concur with your intention to fight the citation.

DCG

David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1,118
Experience: JD with Distinction, Admitted to practice in California
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