First off, Me, my wife and 10 year son walked away from this literlly unscathed. I've felt worse after a day at work.
Anyway, on 8/26/09 on the way home from a 3 day vacation at Crater Lake, Oregon, 10 miles from home, this woman somehow lost control of her car on the dry pavement, spun out from the right hand side of 4 lanes and came to a stop directly in front of me in the far left lane. No time to even say "Hang On"
There were cars to the right of me and few car lenghts ahead so I couldn't see her until it was too late. She was facing the right direction but sliding across the freeway as if she was power sliding in to parking spot. WTF?
First, (once she came too) she gave the state patrol her insurance information which turned out to be for a motorcycle. I thought I was going to have to deal with an uninsured motorist. Thank God she does have car insurance.
Then, she made a claim against me for rear ending her on the freeway
When my adjuster got her statement, she was all over the road (similar to the way she drives). She said that she was in one of the right hand lanes, tried to move left, someone honked, she moved back in to her lane and that's when I rear ended her. She didn't know what lane she was in when I hit her and didn't think she was in the left lane. They did give her a breathalyzer test before she got in to the ambulance but I haven't heard anything back yet. I don't even have a police report yet. I hope that BEOTCH was drunk because otherwise, my only other option for defense is what's called the "emergency doctrine." It basically states that if something happens that's not your fault and there's no time to react, you may not be held liable for damages that occur.
Unfortunately, that's not going to pay for my car.
