This is a quick story about one of our cases… and not taking no as no!
Our client said that he was driving down the road and got rear-ended by another driver who was not paying attention. Our client pulled off the road as close as possible to the side, to properly get his wrecked car off the roadway. The other driver slowed down, and then just gunned it and raced away from the scene. It was a hit and run crash.
Now to make matters worse, Our client went on to say that within a minute or so, a truck driver came down the road and swerved and clipped the back of our client’s car, causing it to spin around…and more injury to our client Not good!
We initially filed a claim for both crashes. The first against the driver who left the scene. That claim was filed under our car’s uninsured motorist for the car that took off. That is known as a John Doe claim because that driver is unknown.
The second claim was against the truck driver. Soon, we learned that the insurance company for the truck driver was claiming a different story. The insurance adjuster said that their truck driver/insured said that we (our client) had swerved into the trucker’s lane. He couldn’t help but hit us.
It was our client’s word against the truck driver. As the insurance adjuster put it in denying the claim against the truck driver, “we have to believe our insured”.
Meanwhile, the John Doe claim only has $25,000 minimum limits, and that company offers its limits because of the significance of the injuries. The crash with the truck had caused significant medical bills unrelated to the John Doe claim… but we were at a standstill. What to do? What to do?
We did a Freedom of Information Request for the emergency dispatch records. Jackpot! Another driver coming up the road had saw the truck hit our car on the side of the road. That person called… and it was recorded. That unknown caller simply told the 911 dispatch operator that “a truck just hit a car on the side of the road” and went on to describe the car and truck.
Later… the truck driver’s insurance company just said, “Our insured lied to us”. They paid on the claim. Without that 911 call, it would have been uphill sledding! Our client had been hit by two different drivers without the character to accept responsibility.
And for pic o’ day that was just sent to me, no matter where you fall politically, this still is funny!
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