
Yollie of Loma Linda, CA on Aug. 19, 2008
On the early evening hours of March 28, 2008 while westbound and fully stopped at a red light in the left-hand turning lane on Redlands Blvd in Loma Linda, waiting for the light and arrow to turn green in order to turn southbound unto Mountain View; accompanied by my 13 year-old son Kevin who was seated in the passenger seat and my then 17 year-old daughter Ashley seated on the passenger's side extended cab of my 1991 Nissan pickup.
Suddenly a car crashed into the back of my pick up, I saw my son's head flip-flopped; my own seat was jolted and pushed forward so much so, that I found myself hovering over the steering wheel, my daughter looked shocked and in agony.
Immediately, I asked Ashley "where is your cell phone?" I called 911, at which time the driver of the Honda Civic (a dark-haired young woman) exited the Honda civic, walked on the median and approached the driver side of my truck and said "Oh I am sorry; I was looking down or reaching down". In truth, I was shaken and concerned for my children, so I ignored her and continued with my call to the police. Subsequently the light turned green, I made a left turn and proceeded to move my truck away from traffic, I pulled behind a restaurant on Mountain View call, to my utter relief the driver followed and positioned her Honda Civic to the right of my truck.
While we waited for the ambulance and police to arrive, Mrs. A. who had just rear-ended my truck proceeded to tell me 1) she had had a bad day, 2) had just been given a bad diagnosis, 3) she further stated that the car she was driving did not belong to her, and lastly 4) that I should not have called the police. Fortunately, the paramedics soon arrived, I placed a second call to the police and they too arrived. My two children where placed on gurneys and transported to Loma Linda Medical Center by ambulance. However, I declined to go by ambulance because 1) I did not want to frighten my children any further, and 2) wanted to take my perishable items home. I was asked to sign a waiver that indicated that I refused to go to the hospital by ambulance.
On Sunday March 30th, I submitted an accident report to both my insurance company AIG and to Mr. Anthony L.'s insurance; 21st. Century, (the true policy and owner of the car that struck us from behind). Soon after, Mr. Michael C. a 21st. Century adjuster informed my AIG adjuster Laura M. that 21st. Century accepted that I was obviously not at fault. Equally important, a letter was sent to me highlighting that conclusion and I was assured that I would be promptly reimbursed and my truck would be fixed. Indeed, I complied with all of 21st. Century's requests 1) by signing and mailing (via registered mail) all medical releases, 2) X-rays, and ambulance records and 3) the police accident report to Mr. Campos.
My case was transferred from Mr. Michael C., to an investigating team with Mary A. at the helm, (a ruse initiated by Ms. A. to circumvent her responsibility). In the interim, I was followed conspicuously in an effort to intimidate me. A man with a camera took mine and my thirteen year-old son's picture while at a Carl's Junior's parking lot in Loma Linda where we reside. Periodically, I called Mary A. however her only response to my inquiries as to when they were going to 1) fix my truck, 2) pay the ambulance fees, 3) compensate us for our pain and suffering and 4) reimburse my HMO is "we are conducting an investigation".
Moreover, I gave full access of my truck to not one but two 21st Century's agents, I further complied by allowing a Mr. Bruce C/ to come to my home and record a detail interview which I also taped with his permission, however he did refuse to allow me to videotape our conversation. Mr. C. also informed me that "AIG and 21st Century insurance had merged; that he worked as an AIG agent in Ontario and as a 21st. Century agent at an office in Redlands," at which time I asked him "if that did not constitute conflict of interest" he replied in the negative. One or two days later a Mr. Neal P. left a hand-written note at my door while I was running errands, as soon as I returned home and read his note I called him, he was at my door 10 to 13 minutes later and looked at my truck.
Ultimately my AIG adjuster Ms. Laura M. called Ms. Mary A. to find out what was taking so long and she was told that 21st. Century was conducting an investigation due to possible fraudulent activities. I became appalled by the insurance company's blatant and unscrupulous tactics and decided to sue both 21st. century and the woman who rear-ended my truck. 21st. Century Insurance asked to be dismissed from the case. I asked the judge not to excuse them because I wanted to exercise my Constitutional right to face the company's representative and protect my good name.
On July 17, 2008, the case was heard by the Honorable Kenneth B. at which time Ms. A. proceeded to lie with total disregard for the truth, and respect for what a court of law represents. She went as far as accusing the paramedics (who by the way did a fantastic job caring for and transporting my children to the hospital) with unprofessional behaviors; she even suggested that the police officers were bias toward her at the scene, when in fact they were talking about citing her on site for not having insurance when she quickly told the officers that Anthony L.s insurance covered her as well. (She called him right after she got back into her car from the median on Redlands Blvd where she hit me, and he showed up behind the restaurant where we were parked). The woman had the unmitigated audacity to state that I asked my children to cough, which seemed ridiculous to me. Unbeknownst to her, Kevin is asthmatic and had a 16 inch pizza on his lap when she hit us and the pizza hit his stomach, any sort of excitement causes him to cough.
Adding insult to injury on July 17, 2008 Mr. Neal P. was standing at the entrance of the courthouse when I arrived, I said good afternoon and entered the building, (I felt that may have been for intimidation), well, to no avail because I had the truth on my side and truth and justice would prevail. Mr. Neal P. testified in court for Ms. A. stating that in his "expert" opinion the accident could not have caused the injuries we sustained. Which was beyond ridiculous; because three separate physicians asserted that our injuries were congruent with being rear-ended.
Thankfully, the Judge saw things as they were, and decided in my favor. However the amount of the judgment was small because I was so shocked by the lies being told in court, I forgot to hand the doctor's reports to the judge. Furthermore, since there was no guile in me I used my own HMO from day one and had no out of pocket expenses, therefore the judge stated that my HMO can sue 21st Century or Miss A. if they so chose. Second, in my zeal to confront these aforementioned people in court, I failed to present the court with an estimate for repair partly because I thought 21st. century would fix my truck after such expert inspection. Now, more than four months later, 21st. Century is stalling and dodging responsibility. The company (21st. Century) and Ms. A. are perpetrating fraud against me, the state and my children thus, should be made to pay for their lack of integrity. I will continue to seek justice by writing to Consumer Affairs, the Urban League, and the ACLU.
I received three acknowledgement of satisfaction of judgment in the mail on last Sunday, (in Loma Linda the mail is delivered on Sunday rather than Saturday due to the strong Seventh Day Adventist presence) I did sign them because my daughter Ashley is in dire need of money because her college experience commenced this Monday. However I believe 21st. Century should pay to fix my truck because Mr. Neal P. himself presented the court for estimate for repair. I may be driving an unsafe truck.
The consequences are: My son still complains of occasional back and neck ache, my left hip hurts, my truck has not being repaired, and the worst part is I was maligned. The $1,200.00 judgment is laughable, by the way it was divided into three parts: $500.00 for Ashley; $500.00 for Kevin and $ 250.00 for me. My HMO has not been reimbursed, the woman and the insurance company got away with a farce and I am left physically, emotionally and financially worse. I have not been made whole by any stretch of the imagination.