Incident Report
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Mid July car accident at the intersection of a 4 lane road, with auxiliary turn lane, and 2 lane road in Mobile, AL.
The time was 11 minutes after sunset.
In the police report I was deemed Unit 1. The other car was deemed Unit 2.
The traffic lights were solid green for both Unit 1 and Unit 2 travelling in opposing directions.
Unit 1 was traveling in the left lane of traffic for that direction.
Unit 2 pulled in to auxiliary turn lane.
Unit 2 turned and struck Unit 1 on driver side.
Unit 2 blamed Unit 1’s lights being off as the reason for the accident.
Unit 2's spouse showed up shortly after accident, was only empathetic person involved. Checked on Unit 2’s health, checked on Unit 1’s health, exhaled and said “at least yah'll are ok. The cars can be fixed.”
Unit 1 and Unit 2 in shock? ignored the spouse. The spouse walked back to their vehicle.
Unit 1 and Unit 2 waited for the Police Officers.
Unit 2 burst in to tears every 5 to 10 minutes.
Unit 1 told Unit 2 it would be ok, because Unit 1 had good insurance. Also if the reason Unit 2 struck Unit 1 was the headlights being off, Unit 1 would make Unit 1’s insurance company pay for it.
Unit 1 and Unit 2 went through the normal wreck procedure with the officer, and relayed the information stated earlier. The officer wrote an accident report from their descriptions.
Next Day:
Unit 1 called Insurance company and said they were in a wreck and it was probably their fault.
About 4 Days later:
Unit 1 called Insurance company and asked about progress, since Unit 2 was upset at the scene of the accident. Insurance Company said Unit 2 was trying to have the accident report changed to state they were stopped and Unit 1 had driven "Out of nowhere and careened into me"
Unit 1 didn't know what to do. Unit 1 had to decide if borrowing against retirement to build a defense was the correct choice.
Couple of 3 Days later:
Unit 1 took out a loan against retirement, acquired transportation, and began to build defense case.
Unit 1 secured footage of the accident.
Unit 1 had the footage processed and speeds assigned.
Unit 1 was able to prove Unit 2 had not stopped at the intersection in the turn lane.
Unit 1 was able to prove Unit 1 entered and established control of the intersection before Unit 2 had crossed the stop lines in the auxiliary turn lane.
Unit 1 was able to prove Unit 2 hit Unit 1 without ever stopping at the stop lines of the intersection.
Unit 1 gathered footage of the intersection on another night, making sure to take the footage about 15 minutes after sunset. This showed that visibility was in excess of 850 yards.
Unit 1 researched that Alabama state law requires automobiles to use lights 30 minutes after sunset.
Unit 1 contacted Unit 2's insurance USAA and told them of his defense and asked for reimbursement of car repair, transportation rental, and building a defense.
USAA responded they would only pay the amount equal to what they would have paid had they accepted responsibility at the time of the accident.
USAA also said they would not pay for the defense and blamed Unit 1 for the delays even though Unit 1 had already given a statement to the police. USAA also had Unit 1's personal cell phone number.
Unit 1 requested a copy of the damage report for Unit 2's car and also the call logs for when USAA had contacted Unit 1.
USAA responded get a subpoena!
I am asking for help to hire an attorney.
USAA has 60,000 ATMs and 175 lawyers.
I have 5 kids, 1 in college and the rest are trying to follow her.