THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rod@welchco.com
S U M M A R Y
DIARY: September 20, 2017 06:24 AM Wednesday;
Rod Welch
AAA Wendy letter explain CHP report for automobile accident on 170905.
1...Summary/Objective
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CONTACTS
SUBJECTS
Default Null Subject Account for Blank Record
0403 -
0403 - ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 41 0000. ref SDS 39 0000.
040502 -
040503 -
040504 -
040505 -
040507 - ..
0406 -
0407 -
0408 - Progress
0409 -
040901 - Submitted letter to Wendy at AAA saying...
040902 -
040903 - 1. Subject: Claim Number 1002-28-0746 Policy CAAS100537045
040904 - Date: 2017-09-20 08:18
040909 - ..
040910 - 2. Dear Wendy,
040912 - ..
040913 - 3. Thanks for responding to my several calls the past week
040914 - requesting assistance in subject claim. Your voice mail on
040915 - 170918, ref SDS 41 0W5I, seemed to say your investigation is
040916 - ongoing under subject claim and policy for the accident on
040917 - 170905. ref SDS 31 J69I This letter will assist your review
040918 - based on my understandings, toward equitable recovery.
040920 - ..
040921 - 4. The past 2 weeks I have been treated for injuries from the
040922 - accident at the VA Medical Center in San Francisco. Now there
040923 - is time to consider recovery from AAA. On 170913, you called
040924 - and requested my recollection of the accident. ref SDS 37 K44O
040925 - At that time, I explained having no memory of the accident,
040926 - until a first responder shined a light in my face and asked if
040927 - I could exit the vehicle. From that point after the accident,
040928 - my memory is "fine." My only memory prior to the accident was
040929 - traveling East on 580, and at the 205 fork, I drove South East
040930 - on 580 intending to merge with highway 5. I further advised
040931 - you in the call on 170913, that I would obtain the CHP report
040932 - in order to assess what happened in the accident. You
040933 - requested I submit a copy to you. Later that day on 170913 at
040934 - 1508, I faxed a copy at UPS to you at phone number: 877 548
040935 - 1510.
040937 - ..
040938 - 5. Here are critical facts from CHP report.
040940 - ..
040941 - 6. CHP "Traffic Collision Report" #9266-2017-00993 that occurred
040942 - on 09/05/2017 time 2040, and on I580 near Tracy going South to
040943 - merge onto I5.
040945 - ..
040946 - 7. Preparer's Name: J Witlock LD #015432 - 09/05/2017
040947 - Reviewer's Name: Michael J James 018330 - 09/13/2017
040949 - ..
040950 - 8. Speed Limit 70.
040952 - ..
040953 - 9. Vehicle speed 60 - 65.
040955 - ..
040956 - 10. Disposition of vehicle on orders of officer:
040957 -
040958 - ACE Towing (AAA) 209 830 0587
040960 - ..
040961 - This aligns with the initial CHP form received at the scene on 170905
040962 - 2230. ref SDS 31 KJ5N
040964 - ..
040965 - CHP report continues...
040966 -
040967 - 11. Insurance Carrier: AAA - Policy Number: CAAS100537045
040969 - ..
040970 - 12. Photographs - none
040972 - ..
040973 - Should photographs be taken of the other vehicle, witness1 report
040974 - below? ref SDS 0 KE64
040976 - ..
040977 - CHP report continues...
040978 -
040979 - 13. Property Damage: none
040981 - ..
040982 - 14. Citation: no
040984 - ..
040985 - 15. Improper driving: blank
040987 - ..
040988 - 16. Describe injuries: abrasions to left leg, lacerations to face
040989 - and head
040991 - ..
040992 - 17. [Assume Witness]
040993 - Name DOB Address
040994 - Edward M Pearl (11/18/1945) 1360 Wirt Rd Lathrop, CA 95330 209
040995 - 329 4424
040997 - ..
040998 - 18. Statements: in essence
040999 - Driver #1 (Welch)
041000 - He was on I-580 going to San Luis Obispo. D-1 was not sure
041001 - what lane he was in but he was going about 60 - 70 MPH. D-1
041002 - said that he was not sure what happened, but that he had been
041003 - doing fine.
041005 - ..
041006 - 19. Witness #1 (Pearl) - related he was on I-580 E/B in the #2 lane
041007 - at 55 MPH. W-1 said that he watched as V-1 passed by him the
041008 - #1 lane, skidding sideways at about 65 MPH. W-1 said he was
041009 - not sure why V-1 went out of control. W-1 saw as V-1 slid off
041010 - the roadway and went over the embankment. W-1 saw V-1 flip
041011 - over before it landed down the embankment. W-1 said he stopped
041012 - and went down to help D-1. W-1 said he told D-1 to stay seated
041013 - in the car and that D-1 seemed confused.
041015 - ..
041016 - 20. Summary:
041017 - D-1 was E/B I-580 east of the Alameda County line in the #2
041018 - lane at 65 MPH. For an unknown reason, D-1 allowed V-1 to
041019 - drift to the left into the center divider. D-1 then
041020 - overcorrected back to the right and lost control of V-1. V-1
041021 - began spin in a clockwise direction. V-1 crossed the #2 lane
041022 - and across the south shoulder. V-1 continued down the
041023 - embankment and overturned onetime before landing on its wheels.
041024 - Determined by damage to vehicle and statements of W-1.
041026 - ..
041027 - 21. Cause:
041028 - D-1 caused this collision by driving V-1 in violation of Calif.
041029 - Vehicle Code section 22107 no person shall turn a vehicle from
041030 - a direct course or move right or left upon a roadway until such
041031 - movement can be made with reasonable safety and then only after
041032 - the giving of an appropriate signal in the manner provided in
041033 - this chapter in the event any other vehicle may be affected by
041034 - the movement. Based on statements from witness and damage to
041035 - V-1.
041037 - ..
041038 - 22. Recommendations: none
041039 -
041041 - ..
041042 - 23. Wendy, the officer at the scene said someone saw me drive off
041043 - the road and called 911. As stated in our call on 170913, I
041044 - have no memory of any of this, i.e., passing another vehicle
041045 - and then spinning out of control. This aligns with the
041046 - officer's report saying "D-1 said that he was not sure what
041047 - happened, but that he had been doing fine." In our call on
041048 - 170913, I advised that I must have swerved to miss another
041049 - vehicle or an animal, but I have no memory of it. I thought
041050 - the officer at the scene meant someone was driving the other
041051 - way, and simply called 911 on seeing me drive off the road,
041052 - because I have no memory of there being a vehicle in front of
041053 - me, and passing that vehicle.
041055 - ..
041056 - 24. The CHP report says I passed another vehicle at the scene of
041057 - the accident. That vehicle may have suddenly swerved into my
041058 - lane, possibly while using a cellphone, texting changing the
041059 - radio station, spilled hot coffee, etc, etc. I swerved to miss
041060 - the vehicle and my head struck the driver side window. There
041061 - is a severe bump on the left side of my head, which still hurts
041062 - with touching that area. I have been treated at the VA (MRI,
041063 - CT Xray studies) for head and neck injuries. Yesterday,
041064 - Neurosurgery authorized me to remove a neck brace that has been
041065 - part of recovery. This blow knocked me unconscious causing
041066 - loss of memory. I lost control of the vehicle and it spun off
041067 - the freeway, as set out in the CHP report.
041069 - ..
041070 - 25. Short term loss of memory occurred previously from a blow to
041071 - the head. In football practice during September 1962, I came
041072 - up to tackle a runner coming through the line. His knee struck
041073 - my head. I was unconscious for 20 minutes or so, but was held
041074 - out of action the rest of day. I was "fine" before being hit,
041075 - and was "fine" 30 or so minutes afterwards, though a friend
041076 - told me I was walking up and down the sidelines saying "I know
041077 - my name. I know my name" over and over. Like the accident in
041078 - this case, the blow to the head erased or blocked memory before
041079 - being hit and for a brief period afterwards.
041081 - ..
041082 - 26. The other driver was kind to pull off the road and come to my
041083 - assistance. He called 911 to expedite my care. Of course I am
041084 - extremely grateful. The other driver does not admit to
041085 - swerving to cause the accident. The driver may not have been
041086 - aware of having swerved, or preferred to avoid admission
041087 - against interest. None-the-less AAA must recognize this
041088 - plausible explanation for causation in this matter. Has AAA
041089 - contacted the other driver's insurance company for recovery?
041090 - What investigation has been made of the other driver's driving
041091 - record? Could the 2 cars have actually slightly collided? Has
041092 - the other car been examined?
041094 - ..
041095 - 27. On disposition of my vehicle, the Mercury Sable -- As we
041096 - discussed on 170913, I visited AAA towing services in Tracy on
041097 - 170908, and retrieved personal affects. You indicated on
041098 - 170913, that an AAA representative would visit the location in
041099 - Tracy to determine disposition of the wreckage, and report to
041100 - you on salvage options. At the accident scene on 170905, I
041101 - provided my AAA Road Service Card account 429 0005 1126561111,
041102 - to the CHP officer. CHP report says the officer called AAA for
041103 - towing. Accordingly, disposition of the vehicle, towing and
041104 - storage services is with AAA.
041106 - ..
041107 - 28. Per your call on 170918, and previously on 170913, later that
041108 - day on 170913, I purchased another car. The next day on
041109 - 170914, arranged with AAA to transfer insurance coverage to the
041110 - new car.
041112 - ..
041113 - 29. Thanks very much to you and AAA for timely, thorough customer
041114 - support in this insurance matter. Having been with AAA for
041115 - over 30 years, it is a pleasure to get outstanding service.
041116 -
041123 -
041124 -
041125 -
041127 - ..
0412 -
0413 -
0414 - 1003
0415 -
041501 - Received letter from AAA saying...
041502 -
041503 - 1. Subject: Your email (Claim Number 1002-28-0746 Policy CAAS100537045), has been received (ID: 7590240)
041504 - Date: 2017-09-20 08:19
041508 - ..
041509 - 2. Thank you for your email. We have received your message and are
041510 - routing it to your claim adjuster. Your claim adjuster will
041511 - review within one business day of their receipt. However, in
041512 - the event we are unable to match this message to its associated
041513 - claim file, there may be a delay in our ability to provide a
041514 - prompt response. In that event, you will receive a response
041515 - within no more than two business days.
041517 - ..
041518 - 3. We provide email support Monday through Friday from 8:00 AM
041519 - until 5:00 PM.
041521 - ..
041522 - 4. If your message is time sensitive, please contact your handling
041523 - adjuster directly or our claim service team at (888) 335-2722.
041525 - ..
041526 - 5. Best regards,
041527 - Claims Department
041528 - CSAA Insurance Group, a AAA Insurer
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