Accident description with addendum

Auto incident at Centerra, June 3, 2015, Report to Loveland Police

When we got to the first stop lights at Centerra Pkwy, I was driving in the right hand lane and turned left onto Sky Pond Drive. Parallel to my car, and just on the left hand lane I noticed a white Jeep that was driving very close to the right lane, and had not had the left signal turned on when when taking the turn onto Sky Pond Drive. Half the length of the Jeep was ahead of my car. 

I was not able to see if the driver was on the phone, nor could I see if the driver was a male or female. Foreseeing a possible accident, I honked the horn and got my car very close to the edge of the lane, and reduced the speed of my car as a precaution.

In the next second I saw that the Jeep did not correct its position and was getting close enough to hit my van on the passenger side. Maybe an inch, an inch and a half was the distance between the Jeep and my van as the Jeep tried to move into the lane I was in.

Right away I left the road by turning sharply to the right and braking. While doing this, I heard a huge noise and I was under the impression that my car got damaged. At this point the Jeep continued to drive in the right lane, so it had switched lanes without signaling, and not being aware that it was not safe to do so because my car was in the lane.

I continued to honk the horn because the driver of the Jeep sped up, and did not pull over. I got back on the road and followed the Jeep, still honking the horn and pointing to her with my right hand to pull over. Finally she did pull over and parked her car behind LensCrafters shop. I also parked and got out of my car, going straight to the Jeep without looking at my van. The driver of the Jeep, an elderly woman, also got out of the car and even before I opened up my mouth to say something she told me: “I did not see you”. I made it clear that I would call the police, and my insurance company State Farm. Right away I went back and looked at my van. I was not able to see any damage to the body of the car, just the right tire looked a little bit scraped and also the wheel hub, the silver portion. Later on, when I spoke with some people from 2 body shops I was told that if I heard a big noise something must have gotten damaged and needs some inspection. Also, while driving back I noticed a constant noise on the right side underneath the car, so I presume that there may be damage there.

Below is an overhead view of the area where the mishap took place ( roadway at the right of the picture ).

Photo 1: Creek as seen from the bridge on Skypond
Photo 2: Karl King ( 5 foot, 9 inches ) standing in the unnoticed creek.

The driver of the Jeep, Sharon R Scheller, told me that there was no damage to my car and she does not have time because she needs to go to lunch with somebody and she is running late. I again reiterated that she needed to wait. I called 911 to explain the situation. The operator told me that a police officer will call me and come to the site. Right away I called my insurance company and was advised to get this lady’s information from the vehicle’s insurance card.  First Sharon Scheller wrote some information on a piece of paper and gave it to me, and told me that she needed to leave. I insisted to get the information from her insurance card and she got it out while being very unhappy. In any case, after I got her information, she was not listening anymore to my request that she needed to wait for the police officer, she was mad and constantly said to me: “Shut up!” She turned her back to me and left before the arrival of the police officer Justin Lorenzen, #157.

When the police officer arrived and saw what had happened, he tried to call the woman, but she did not answer her phone.  He left a message stating that leaving the scene was not proper, and that she should call him back.  She did not call while I was with the officer.  By leaving the scene, she prevented the officer from seeing if she was in some impaired state from medications, drugs or alcohol.

In short, by her inattentive and reckless driving, she ran me off the road and then left the scene of the mishap before the police could arrive.  While there was no personal damage evident, she could not see if there was property damage under my car.

The body shops I talked with advised me that I need a claim number. I called my insurance company, State Farm, and was told to call her insurance company ( Colorado Farm Bureau ).  They told me that they would call Sharon Scheller and have her file a claim.  I also called her insurance company back and was told that they are waiting for her to call their Claims Center and file a claim so that an Adjuster will come out and look at my van.

I called her, and her insurance company, multiple times but was not able to contact her.  She has not returned any of my calls.  Her insurance company stated that there was no claim filed by 5 pm our time.  The final message from her insurance company was that they cannot do anything about it, and I need to file a claim with my insurance company, State Farm.  State Farm advised me that the mishap was not my fault and I should not file a claim.  If I file a claim and there is significant damage, I would be out the $500 deductible when the damage was not my fault.

I need my van for transportation but do not want to drive it if the safety is compromised.  What can I do to get this situation dealt with?

PS as of 6/12/2015 the claim #01-57328 from Colorado Farm Bureau Insurance.  CFBI produced a preliminary estimate on 6/10/2015 ( attached ).  The Estimate needs to be corrected as to the mileage on the vehicle  ( 9,852 miles ).  The adjuster did not mention in the estimate that the brakes are “mushy” and there was some leakage on the garage floor under the vehicle. 

As of yesterday 6/11/2015 that Adjuster stated that he was not able to get in touch with the insured so that liability could be determined.  Can the Loveland PD help with getting in touch with the insured so that the process can move forward? 

On June 12 we delivered this updated report to the Loveland PD, and filled out an Accident Report.  We were told that the Officer in charge will contact us next week.

Addendum 7/1/2015

To: Officer Justin Lorenzen

After reading the report labeled Activity Number: TA2015-004638/1, we have some comments on missing information.

The Scheller car started to the left of Daniela’s car and moved from that lane into the right hand lane occupied by Daniela’s car, without any turn signal.  Daniela honked the horn but Scheller’s car kept coming, and came within an inch or so of hitting Daniela’s car. Daniela had to leave the roadway to avoid a collision.

When Daniela caught up to the Scheller car and the occupants got out of their cars, the first thing Scheller said to Daniela was, “I didn’t see you.”

Daniela noticed that Scheller was acting strangely, as if she were on drugs or some medication.  The report makes it sound as if Scheller might be going to an appointment for medical purposes, but Scheller told my wife that she was going to lunch in a nearby restaurant and was already late and had to go.

I, Karl asked my 11 year old daughter if she saw what happened.  The report refers to her as “young” but she is attentive enough to earn a brown belt in karate. She confirmed that the Scheller car changed lanes without signaling.  I asked her if she got out of the car when the drivers did.  She said that she did so she could hear what was going on.  I asked her what Scheller said initially.  She replied that Scheller said, “I didn’t see you.”

We presume that Scheller was not under oath when you spoke to her and that she simply took advantage of the fact of no witnesses and lied her way out of responsibility for her inattentive driving.  We presume that she was in a hurry to get to her lunch date with her sister, and changed lanes with a car near her blind spot to the right causing an accident. 

Regardless of the cars not touching, Scheller is the one who caused the accident.

We also wonder if she refused to stay until an officer arrived, and refused to answer a call because she was driving while impaired and did not want any blood tests run.

Daniela is willing to testify in court, under oath, that the Scheller car changed lanes and forced her off the road to avoid a collision.

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