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I recently renewed my auto insurance policy and was yet again reminded when I received the paperwork that I have an old "at fault" accident whose impact on my "safe driver discount" is year-by-year working its way off my record.
This accident has probably cost me $1200 in insurance costs over 7 or 8 years.
It was NOT my fault!
It was winter in New England, there were high berms of snow lining the street, and it was snowing, with a light, slick dusting newly covering the roadways. I was exiting the parking lot of a tiny convenience shopping strip where I had gone to buy milk.
I had pulled up even with the berms, preparing to turn right onto the two-lane main road. To my right was an intersection with with a traffic signal. Because of the berms I was farther onto the shoulder than I would have been in the summer, but I was NOT protruding into the traffic lane. Nor was I protruding beyond the berms. I was at a complete stop, looking both ways.
As I looked right, I noticed that the traffic signal was turning red.
As I looked left, past the very gentle curve that the road followed, I saw a sole vehicle approaching, a large dark pick-up truck. While I watched, the driver applied her brakes (this seemed natural, as I assumed they saw the red light ahead), LOCKING them.
The driver quite obviously had no idea how to drive in low traction conditions. From a distance of at least 200 feet, I watched the truck gliding effortlessly -- now in a straight line -- and because of the curve in the road, directly at ME. I watched the front wheels swivelling uselessly, but the driver did not think to release the brake.
Too late the inevitable dawned on me, and in a panic I fumbled for the gear shift lever to put my car in reverse, but could not do it in time. Just then the truck contacted my minivan, at less than 5 mph (8 kmh), but still breaking a headlight and creating a nice dent.
We pulled back into the parking area, and in the thickening blizzard, exchanged paperwork. I called a police officer -- who took a look, opined that it was under $1000 damage, and he had a serious accident on the highway to attend to, and departed. No official police report.
The driver of the truck, a woman, was effusive with her apologies. "It was all my fault! I didn't see...! I couldn't stop...! I'm so sorry! I'm a ditz!," etc. End of incident.
I file with the insurance company. I write a detailed report (even more detailed than the above - if you can believe it). I draw diagrams. I wait.
A couple weeks later, I get an unusual call - from the other driver's insurance investigator. He has a few questions. He has a rendition of the other driver's version of events. He believes I am at fault (in Massachusetts terminology: at least 51% at fault). It goes something like this: "He says you were positioned thusly... He says the road went thusly... He says the truck skidded thusly...," etc. Something is seriously awry! I ask, "'He,' WHO? The driver was a woman." "Mr. Jones." "The husband?!" I ask incredulously. "He wasn't even there!" The agent seems surprised and confused. We talk further, and I am reassured that justice will be done. To bolster my case I return to the scene and make measurements, draw new diagrams.
Somewhere in all this -- perhaps a later conversation -- the rationale for giving me the blame was outlined as follows (almost an exact quote): "Perhaps she thought you were about to pull out, and tried to stop to avoid hitting you."
When you mistakenly think someone is about to do something that they are not, whose fault is it?
When your reaction results in harm, because you are incompetent, whose fault is it?
I am 110% convinced that had I not been there at all, this would have occurred exactly as it did, except that she would have hit the snowbank instead. Whose fault would that have been?
SHEESH.
Anyway... I kept thinking I would hear a final determination -- perhaps have a chance to appeal in the unlikely event it didn't go my way -- but no. The next thing I know, a few months later: BLAM, my safe driver discount is taken down a notch. Ugh.
It's possible I could have appealed, but I was pretty demoralized, I felt that I had done everything I could already.... But I was really peeved at that husband. What a sleaze! -- sure, protecting his wife, that's very noble -- but giving an eyewitness report? Ugh, ugh.
Anyway.... thanks if you read this far. It's probably the one incident in my life that really rankles persistently, where I see NO mitigating factor telling me there was anything I could have or should have done differently -- and yet I was judged at fault. I know it's not a major thing -- it's not life or death, or global warming, or war and peace. But....
If you have a similar bitterly unfair event besmirching your soul, feel free to rant here. I feel better already
[ November 05, 2003, 07:59 AM: Message edited by: John Van Pelt ]
Posts: 431 | Registered: Oct 2003
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posted
This isn't nearly as bad but I need to rant. So my tonsils have come out, I'm back at work but still on a fairly restricted diet. I wanted a milkshake for lunch but didn't have any cash. Go to the drive through ATM nearst the Mc Donalds just fine. Go to McDonalds. Their ice cream machine isn't working. So I drive through without buying anything. Then I leave the McDonald's parking lot and get stuck in a funeral procession! After disentangleing myself from that, I ended up making a huge loop and going to a Burger King but their shakes are thicker. This is normally a good thing, but the higher suction on the straw hurts more than the waterier McD's shakes.
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I think it's a McDonald's thing...the ice cream machine at my local Mickey D's doesn't work about half the time, three-fourths of the time during the summer. Posts: 2454 | Registered: Jan 2003
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john, are you sure you're getting the best deal on auto insurance?
i have a stale (for now) rant. it's kind of an ongoing thing. where i work, there is an elevator that only goes between my floor and the next floor up which is where the vending machines and cafeteria are. it's also the only way to get anywhere from the dungeon that is my workspace. anyway, i want to know why it is such a difficult concept to wait an extra second after the doors open so that the people IN the elevator can get out before you barrel your way through. sometimes it's like the person got a running start. i'm afraid that, one of these days, i'm going to get stuck on the elevator because someone would not let me out. impatient people.
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