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By Roz Rogoff

E-mail Roz Rogoff

About this blog: In January 2002 I started writing my own online "newspaper" titled "The San Ramon Observer." I reported on City Council meetings and other happenings in San Ramon. I tried to be objective in my coverage of meetings and events, and...  (More)

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Accident Wrap-Up

Uploaded: Feb 18, 2013
Well this is a wrap up on my accident. It's been over three weeks and I am improving. I picked up the Police Report last Thursday morning. Louis Dagen drove me over to the Police Dept. to pick it up.

I was hoping to drive my Maverick there, but I couldn't get it started on Thursday. I charged the battery for an hour, but that didn't help. I didn't think it was the battery, which is new and appears fully charged.

The car was sitting in my garage for over a month. My house is on a slope and the car was pointing up hill, so the gas wasn't getting to the carburetor.

Lou offered to help me move it out of the garage, but I was afraid if we moved it and it still didn't start, it would be in a worse position. I called for a tow truck on Friday, and the driver put it on his flatbed truck with the engine tilted down and it started right away.

I was flabbergasted by the Police Report. Officer Troy Montemayor previously told me the young man who hit me had some drug related items in the vehicle. It was a marijuana pipe, still warm, on the center console next to the driver's seat.

The driver admitted that as he was approaching the light on Bollinger and Alcosta, he "dropped his cell phone and was looking for it." Then he ran the light at 40 mph. At least he was honest about it.

At that point I broke out laughing. This is too funny. He was smoking pot, talking on a cell phone, and looking for his phone on the floor of the vehicle while going 40 mph through the red light. And they say 18 year-olds are adults!

Another driver heading north on Alcosta slammed on her brakes and missed hitting him; so he went through the intersection and hit me. In the Police Report I'm quoted saying I saw him on my right, which wasn't possible. He was on my left.

I am directionally challenged. When I was in elementary school I wore a rubber band on my left wrist to be able to tell left from right. In my first blog on the accident I said my car was on the South side of Bollinger, when it actually finished up on the North side of Bollinger. So his car was on my left side not my right side and the broken ribs are on my left side. From now on I won't need a rubber band to know left from right.

My insurance company offered me a settlement for the value of my dead Focus, but that was $2000-3000 less than it would cost me to replace it with a new one. I don't want any expenses from this accident. It's bad enough I had all the inconvenience and pain. So I called a lawyer to see if I could get a better settlement than Farmers was willing to make.

I'm not typically a litigious person, but I feel I deserve to be compensated since the accident wasn't my fault. I called my nephew in Maine to ask how to go about this, and he said I didn't need a lawyer. I could do it all myself and save the big fee.

I thought that was funny since he's a personal injury lawyer in Maine and very successful at it. I decided it's worth paying the 33% to the lawyer to not have to deal with it on my own. I signed the paperwork on Friday.

I have no ill feelings towards the young man who hit me. I hope he learns a lesson from this and doesn't do anything as foolish in the future. I plan to write to the DA's office recommending he spend three to six months in community service helping seniors. Maybe some of their wisdom and experience will rub off on him.

Comments

Posted by Lisa, a resident of San Ramon,
on Feb 19, 2013 at 9:26 am

I drive through that intersection frequently and because of your sharing your car accident story, I am going to be more vigilant when doing so.


Posted by John Madison, a resident of San Ramon,
on Feb 19, 2013 at 10:53 pm

So are you sueing the kid? A couple days in San Ramon Regional is not cheap...I bet your bill will be at least 30 K for 2 days.


Posted by Roz Rogoff, the San Ramon Observer,
on Feb 19, 2013 at 11:49 pm

Roz Rogoff is a registered user.

John,

I am not suing the other driver. My attorney is negotiating a settlement with his insurance company. His rates will probably go up, but he won't be required to pay anything to me.

My medical insurance will cover most of the hospital bill, but the settlement will cover any additional co-payments I would have to pay.

Roz


Posted by MLOliver, a resident of San Ramon,
on Feb 20, 2013 at 2:40 pm

What about replacing your car, Roz. It wasn't very old.

MLO


Posted by Roz Rogoff, the San Ramon Observer,
on Feb 20, 2013 at 6:47 pm

Roz Rogoff is a registered user.

ML,

My Focus was 3.5 years old and in like-new condition. I only had about 2000 miles on it, driving locally in San Ramon. Farmers offered $16200 as the value of the car, which for a 3-year old used car, is a good amount, but it isn't enough to buy a new one which would be around $17000 + another $1700 for tax and license.

I may accept the amount for the car and hope my lawyer will get me the difference for pain and suffering. I had just paid off the car in December, eight months early. It was just about the difference between the insurance amount and a new car. What a waste!

Roz


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