Liskavitch
Junior Member
What is the name of your state?California
I am hoping and praying that some good hearted person out there can offer me some advise on what I should do, I'm afraid the statue of limitations is going to get me. It all happened on 4/22/04. I was driving with Two friends on Interstate I280 when suddenly there was a very, very heavy downpour that the windshield wipers could not begin to keep up with. I reduced my speed as weather conditions intensified due to lack of visibility and water building up on the lanes. We were nearing downtown San Jose when suddenly I see what appears to be a pile up happening in front of me. I slammed on my breaks to slow down, (remember I was going a safe speed) and did not hit any vehicles scattered across the road. Suddenly I hear squeeling breaks and immediately looked up in my rear view mirror and saw a small white car trying to miss hitting my car but slammed into my hatchback rear end at an angle. The impact pushed my car forward and then the vehicle whom hit my car was struck by another vehicle (well after our impact). I was very frightened and was cautiously trying to move my vehicle to the side of the freeway. Upon stopping there were Two other vehicles that had hit each other but had nothing to do with our incident. I have never been in an accident and always was told that a rear-end accident is always the person following too closely behind you. A police officer did stop and look at our drivers license, etc. and asked me if I needed a report. Not knowing what I know now, I asked the officer if I should get one since the guy addmittingly hit me. The officer replied that usually when nobody is injured that it really is not necessary. This was a gentleman in a hurry in a Company vehicle that hit me. He had a young boy who's head cracked the windshield quite seriously upon impact with my car. I have limited coverage as my car is an older vehicle but a Toyota Celica that still ran quite well. When I contacted his carrier, Progressive, he said that he would investigate and get back with me. He gave me the run around while I'm forced to rent a car just to get to work. Finally, he gets back with me to inform me that he has denied my claim because his findings reinforce what the other driver stated to him, that he was pushed into me from the other vehicle which never stopped. PLEASE HELP THIS IS NOT TRUE. I have had to go to the ER room on a couple of occaions due to stiffness, and SEVERE HEADACHES. I started Physical Therapy but was forced to stop due to transpertation trouble, and money issues. I did talk with an attorney whom I told the facts of my case and he said he usually would not take the case just for my car, but since I'm injured he would represent me. He knew what Progressive had denied me for, and he indicated that what they were saying did not matter when we got to court. When I had not heard anything from him besides a letter sent to me in apx. 3 months I finally couldn't stand it and called him. I was horrified as he did not know who I was when I gave him my name. Obviously, he had not even looked at my case. He then said he would give me a call back tomorrow and this is when he told me that he has decided he could not take my case. This devistated me, please help me. I can't see how this person can be traveling too fast for conditions, wipe my car out, and not be held accountable for his actions. Do I go to Small Claims court after the driver? Or the Driver's Company whom he was neglegently driving a company vehicle. I am without a vehicle now and really can not afford to purchase a new one and would be forever gratefull if anyone could help steer me in the right direction.
I am hoping and praying that some good hearted person out there can offer me some advise on what I should do, I'm afraid the statue of limitations is going to get me. It all happened on 4/22/04. I was driving with Two friends on Interstate I280 when suddenly there was a very, very heavy downpour that the windshield wipers could not begin to keep up with. I reduced my speed as weather conditions intensified due to lack of visibility and water building up on the lanes. We were nearing downtown San Jose when suddenly I see what appears to be a pile up happening in front of me. I slammed on my breaks to slow down, (remember I was going a safe speed) and did not hit any vehicles scattered across the road. Suddenly I hear squeeling breaks and immediately looked up in my rear view mirror and saw a small white car trying to miss hitting my car but slammed into my hatchback rear end at an angle. The impact pushed my car forward and then the vehicle whom hit my car was struck by another vehicle (well after our impact). I was very frightened and was cautiously trying to move my vehicle to the side of the freeway. Upon stopping there were Two other vehicles that had hit each other but had nothing to do with our incident. I have never been in an accident and always was told that a rear-end accident is always the person following too closely behind you. A police officer did stop and look at our drivers license, etc. and asked me if I needed a report. Not knowing what I know now, I asked the officer if I should get one since the guy addmittingly hit me. The officer replied that usually when nobody is injured that it really is not necessary. This was a gentleman in a hurry in a Company vehicle that hit me. He had a young boy who's head cracked the windshield quite seriously upon impact with my car. I have limited coverage as my car is an older vehicle but a Toyota Celica that still ran quite well. When I contacted his carrier, Progressive, he said that he would investigate and get back with me. He gave me the run around while I'm forced to rent a car just to get to work. Finally, he gets back with me to inform me that he has denied my claim because his findings reinforce what the other driver stated to him, that he was pushed into me from the other vehicle which never stopped. PLEASE HELP THIS IS NOT TRUE. I have had to go to the ER room on a couple of occaions due to stiffness, and SEVERE HEADACHES. I started Physical Therapy but was forced to stop due to transpertation trouble, and money issues. I did talk with an attorney whom I told the facts of my case and he said he usually would not take the case just for my car, but since I'm injured he would represent me. He knew what Progressive had denied me for, and he indicated that what they were saying did not matter when we got to court. When I had not heard anything from him besides a letter sent to me in apx. 3 months I finally couldn't stand it and called him. I was horrified as he did not know who I was when I gave him my name. Obviously, he had not even looked at my case. He then said he would give me a call back tomorrow and this is when he told me that he has decided he could not take my case. This devistated me, please help me. I can't see how this person can be traveling too fast for conditions, wipe my car out, and not be held accountable for his actions. Do I go to Small Claims court after the driver? Or the Driver's Company whom he was neglegently driving a company vehicle. I am without a vehicle now and really can not afford to purchase a new one and would be forever gratefull if anyone could help steer me in the right direction.