From: Derrick Fogle
To: Derrick Fogle
CC: (Nationwide Insurance and American Family Insurance representatives)
UPDATE – Tuesday, December 18th, 2012
As it turns out, A letter from American Family arrived at my house about 3 weeks ago. My wife even opened it and read it at the time, but I never found out about it until Sunday evening, when she saw my Facebook posts about this, and brought it to my attention. I discovered the letter buried in a pile of junk mail. I was honestly looking for an email, or perhaps a phone call, not a letter. I’m sorry for mistakenly thinking this case had not been determined yet.
I hope you understand why I have told everyone this, despite the fact that it makes me look like a jerk.
As God is my witness, that bus driver was totally out of control, breaking multiple traffic laws, and he was completely responsible for that accident. Missouri traffic law is not ambiguous at all: By the very fact there was a conflict between two vehicles where roads meet, the point of conflict is defined as part of an intersection [Ref. #1, below]; therefore, the bus driver was legally liable to yield, regardless of the physical presence of a Yield sign, when entering that intersection [Ref. #2]. I have contacted the Pulaski County Road Supervisor [Ref #3], who confirmed to me that there has been, and is supposed to be, a Yield sign the bus driver would have been subject to when entering that intersection; but, that it had been stolen repeatedly and had not been replaced recently. The bent and vandalized Yield sign pole, and it’s position in the accident scene, is visible in both the photographs I submitted as evidence, as well as the accident reconstruction drawings I submitted. Furthermore, the documentation I provided also clearly showed the bus driver was speeding recklessly. Only by the grace of God did his dangerous actions not kill or seriously injure me or my family. As God is my witness, these are the real and true facts in this case.
But… insurance liability determinations obviously have nothing to do with facts, or the law. This determination is directly contrary to all of them. The “independent” review is nothing but a sad joke; just part and parcel of a corrupt, greedy, and hurtful insurance industry. I am not fooled by this ruse.
While I still contest this case and will continue to pursue a legal ruling through the justice system, we all know that I have very little practical recourse in this matter. Deep down, I believe everyone also knows that’s precisely *WHY* this is being done to me: Simply because it can be done, just for money.
People have been dishonest, cheated, and stolen from me. God is my witness; I know this to be true in my heart. I am very sad, and still angry right now, that I have found myself a nearly helpless victim of dishonesty and fraud by the insurance industry. This happens far too often, to far too many people. But every time it does, it’s still wrong, and every time, it adds another smudge of ugliness, violence, and horror to our society.
I hope the rest of you are, as I am today, utterly heartbroken to see just how ugly, violent, and dark our society has become – partly because of an endless litany of purposefully hurtful actions like what Nationwide has done to me.
My conscience is clear, and I can only hope that someday the people who have cheated and hurt me become ashamed of what they’ve done: to me; almost certainly to many others; and by extension, to all of humanity.
I still have one specific request for all of you right now:
Please stop being dishonest and cheating others. It hurts people, it hurts everyone, it degrades the whole society we all must live in. Please, I ask you: stop choosing to hurt other people.
It may not be easy, but it is always right.
Thank you all for your time and consideration.
Missouri Revised Statutes
August 28, 2011
Model Traffic Ordinance
300.010. The following words and phrases when used in this ordinance mean:
(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, OR THE AREA WITHIN WHICH VEHICLES TRAVELING UPON DIFFERENT HIGHWAYS JOINING AT ANY OTHER ANGLE MAY COME IN CONFLICT*;
Right-of-way at intersection–signs at intersections–violation, penalty–additional penalties–definitions–order of suspension, contents, appeal.
1. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection.
2. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right. This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left turn.
Pulaski County Road Supervisor
(contact information redacted for this blog post)