Can I Get a Witness?

On September 22, as I was lying on my back on the pavement at the intersection of Foothills and Willow Run Drives, a woman standing over me said, "I saw the whole thing and will stay here to give a report to the police." My assumption at the time was that she was telling me that she knew the driver of the car was at fault in the collision that left me lying on my back in the middle of the intersection.

But when I asked Officer Friendly of the Castle Rock Police Department about the witness, he told me that he talked to a woman at the scene but "she didn't see anything." Turns out he was wrong.

Imagine my surprise when my insurance company, Progressive, called to tell me they had completed their investigation into the accident and they disagreed with the conclusion of the drivers insurance company (that it was my fault). In fact, they had talked to a woman who corroborated my account of the accident. Apparently the woman who I had seen standing over me was not an angel I imagined in my pain-induced state...she was a witness!

My lawyer was also pleasantly surprised to learn that there was a witness in my case. After I told him about my call from Progressive, he sent a letter to the claims rep handling my case, asking for a transcript of the witness' statement, saying...

"We are pleased that you are in agreement with our contention that Allied’s insured [the driver] bears the liability for this accident. I am hopeful that a more experienced and knowledgeable set of eyes will look at this file soon so that they do not force your insured [me] into expensive and time-consuming litigation over what would otherwise be a fairly simple claim."

My lawyer also sent a letter to the Allied Insurance representative...

"It is my understanding that your preliminary investigation has led you to the conclusion that your insured [the driver] was not at fault for the above-referenced collision. I will be providing you with additional information and authority as to why that conclusion is erroneous. I devote a substantial amount of my practice to the representation of cyclists who fall victim to auto accidents. It appears that the investigating officer has led you astray with respect to the rules of the road as they relate to this collision."

I love my lawyer.

"Our goal will be to resolve this matter with you without the need for litigation. If, however, you are entrenched in your liability denial, please let me know so that we may proceed accordingly."

Stay tuned to DDublog for more developments on my case...

Daren