I Survived a Head-on Collision, Now What!

It was a beautiful day with a clear blue sky, the kind of day that makes you glad to be alive. I had driven from the rolling hills of Sonoma, California’s wine country, to the rural bucolic family farms of Petaluma, then to the majestic cliffs overlooking the Pacific Ocean and on through the redwood forests of the Russian River area. I had stopped to smell the salt air of the ocean and to gaze at the giant Sequoia tree canopies, on my journey. On my return trip home, I decided to drive through the remote wine country north of Santa Rosa, California. I had heard that there was a garden at a winery, in the area, that had the vibrancy of a work of art.

As I started down the winding, hilly 2-lane road, I noticed orchards interspersed with the vineyards. There were nearly ripe apples and pears hanging from mature trees. I headed up the hill toward a blind curve and under a canopy of trees. There was no shoulder. Suddenly without warning, a car came careening around the curve, and directly toward me, on the wrong side of the road. I pulled as far to the right of the roadway as possible, without hitting the trees directly next to the road, and slowed my car to a stop. I had enough time to brace myself, and psychologically prepare for my certain death.

I heard a sound that seemed like it was tearing down the driver’s side of my car and then a screech of tires behind me. My hand instinctively reached for the hazard light button on my dash. Then I very carefully attempted to open my door. To my surprise it opened without difficulty. I looked at the mirror, and it was hanging helplessly from a wire. The housing had been destroyed.

Since I was sitting in a precarious position on the roadway, I advised the other driver to meet me at the side road behind me, and I proceeded up the blind curve, to the next driveway to turn around. I was amazed that my car was drivable. When I arrived at the location where the other driver had moved his vehicle, he began asking me if I was all right, over and over again. I looked down at my hand and it was shaking in a constant tremor. In fact my whole body was shaking from shock.

The responsible party was dressed in a tie-dye tee shirt and shorts. He had lots of facial hair and a bandage on one of his legs. He looked over at me with concern, and asked if he could touch me. I gave him a look that said no, so loudly that no words were necessary. He could not produce his registration. His driver’s license had the address crossed out on the front in indelible ink, and a post office box written on the back. For proof of insurance, he pulled out the stub of a claim check, that had his policy number. He stated that he had just taken his car out of the body shop.

I went to my glove box, and took out a claim form, and started to record all the information on the other car and driver. I was still shaking. Since we were all alone, and had moved our cars, I knew I had to fight my way through this ordeal. The other driver asked me if I would be willing to take my car to his body shop. He stated that the owners were friends and would “cut” him a deal. I declined his offer, simply stating that this was not a possibility. He then offered to pay me $400 in cash, for the damage on the spot. I declined this also, I knew the damage was far more than what was being offered. I then went to the center console of my vehicle, and pulled out a portable camera. I took photos of the damages on both vehicles, and the license plates of the other vehicle. I also took photos of the other driver, since I had some concerns about his identification. I then went to my trunk and took out a bungee cord and reattached my mirror to its housing.

The responsible party continued to ask me how I was, and then began giving me a Jewish blessing. He asked me for directions to get back to the main road, before departing. I made sure he left the scene before me; I did not want him behind me. I proceeded to the first public place, and sat for an hour and a half, just calming down and drinking water. I breathed deeply and shared my tale. After I finally felt I could continue, I drove the 30-mile journey back to my home.

This day I knew why I had taken a defensive driving class and driver safety class. I understood why I had prepared my car with all that I might need if an accident should occur. I knew what a huge advantage, the knowledge gained in my 28 years of insurance experience had given me.

The next day I began to discover that the responsible party lied about the way the accident occurred, and tried to attack my character, all to cover up for his culpability. He had no idea who he had collided with, on that fateful day. The greatest irony was that he claimed to be a Rabbi. 

I continued my fight against my perpetrator, and ultimately truth and justice did prevail. Good sometimes needs a little help to overcome evil, in this case my help was needed.

It is my hope that you who read this article, will take lessons away from it, to help you when you find yourselves in similar shoes. Be aware, be prepared, be strong, be persistent and most of all be well. Life is beautiful and there is much to explore, don’t let anyone spoil your journey. 

Auto insurance lessons:

• When there is no shoulder on your side of the road, you can still take evasive action to avoid a crash. Move out of the path of travel and slow down to lessen the impact. Your insurance policy requires you to be a “prudent” driver. Be sure to mention anything proactive you did when you present the claim to your insurance adjuster.

• Sitting in your seat in an upright and protective posture can prevent injuries. Be sure your seat, steering wheel and headrest are adjusted for your size and height. Your policy covers you for medical payments due to an injury, but it can not reimburse you for the pain and discomfort, or inconvenience.

• If you have to stop or find yourself in an unsafe position on the roadway, be sure to use your hazard lights or flares as appropriate. You can be held responsible, if your actions after a crash, cause a second event to occur.

• Never force open a door or any other part of the vehicle after an accident, unless you have no other means of escape. The law requires you to “mitigate” your damages. This means preventing further damage to your vehicle.

• Be aware of your physical state. Make sure you protect your health, and act according to your true abilities. Your policy will pay for an ambulance bill, if medical transport is needed.

• Never allow another driver or passenger make physical contact with you in the aftermath of an accident. If needed call 911 on your cell phone. Injuries caused in the aftermath of an accident are covered, as long as you act in a “prudent” manner.

• Ask for the other driver’s registration and show your registration. Proving ownership of the vehicle you were driving is the law. The insurance coverage follows the vehicle owner.

• Be sure to record the information shown on the driver’s license. Do not take the word of anyone as to his or her identity. Your insurance company needs this information.

• Record information on the insurance information card. It will make it much easier for the adjuster to present a subrogation claim to the other party’s insurance company, and get your deductible back for you. In some cases having this information will waive your deductible.

• Keep an accident claim form in your car at all times. Your insurance company will provide these for you gratis. The form will help you to record information, when you are not yourself.

• Do not allow the other driver talk you into using his shop. By law the choice of body shops is the sole domain of the owner of the vehicle. Your insurance carrier may have a list of approved shops in your area. These are regularly inspected and their repairs are guaranteed.

• Never accept cash in lieu of repairs or damage. Repair costs are often much more than they seem due to striping, moldings, removal and painting issues. If you drive your vehicle with unrepaired damage, this damage will be deducted if you should have another accident.

• Keep a camera in your car. Although a cell phone can be used for photos, it is best to have the ability to take photos of all damages, and the other vehicle’s license plates and or vehicle identification number. This documentation helps to establish ownership and prevents stolen vehicles from being concealed. The VIN is on the dashboard to the left of the steering wheel.

• Carry bungee cords in your car, to allow you to reattach parts that could cause more damage when loose. Your policy requires you to “mitigate” your damages. It also is a requirement under Vehicle Code, to have a driver’s side mirror when operating your vehicle.

• Remove yourself to a safe place to regain your composure, before returning to the road after a crash. Do not attempt to drive while in shock. Studies show that this can be more dangerous than driving drunk, and can result in impaired reaction time while driving.

• Take a defensive driving class and or driver safety class. You will instinctively fare better in the case of an accident. Some classes will save you money on your insurance premium.

• Call your insurance company as soon as possible after the accident, and give the detailed information you collected at the scene. Present the facts, be prepared to give a recorded statement, respond to all questions. This is your chance to present your case to the person whose duty it will be to defend your position. Your adjuster can be your best advocate.