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Area couple has run-in with rogue Christmas trees in Chelsea
By adamg on Wed, 12/02/2015 - 5:39pm
A correspondent writes about an incident early in the evening last Friday in Chelsea - and wonders if anybody else had run-ins with these trees:
My husband and I were driving home from Maine last Friday. On Route 16 in Chelsea, we hit two big, bundled Christmas trees that suddenly appeared across our lane. We weren’t hurt, which was amazing since it’s a fast, busy road and the trees were heavy, but the car can’t be driven. And I guess the collision is considered our fault since there was no other vehicle present; we have to pay the deductible. We never saw the truck or car that dropped the trees.
We were helped by the same state police officer who removed the trees, so his report should be accurate. He thought he acted in time to prevent accidents until he heard about us.
I’m wondering if there were other accidents along area roads caused by the same vehicle.
I called the Chelsea state police and they told me they are the highest-crime city in the state and those trees were nuthin’. They didn’t investigate further.
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Comments
Mass insurance automatically
Mass insurance automatically assesses fault to drivers involved in a 1-car accident, even if it was a road hazard that was ultimately to blame. However, if and when you get an insurance surcharge notice in the mail, appeal it and you have a good chance of winning. Annoying as it is, you should try to get some form of documentation from the Chelsea police - even if you have to go down to the station and file a written report.
No, It's Not Necessarily Your Fault — File An Appeal
The insurance companies will automatically assume it's your fault if there are no other vehicles involved. However, you have an opportunity to appeal. Follow the procedure to request a hearing and you'll have a chance to explain the circumstances.
This happened to me several years ago — the review board was cordial and accepted my explanation. Depending on your policy, you might still have to pay a deductible, but being ruled not-at-fault for the accident will save you years of higher insurance premiums.
hit a stationary objet in the road...how is it NOT your fault?
"we hit two big, bundled Christmas trees that suddenly appeared across our lane"
Must be the magical tree-dropping fairy.
Jesus, people. Pay attention.
Right
Yes, you're right. Slamming on the brakes on a busy road while going 55 or changing lanes despite the big red truck in the lane next to us would have been SO much smarter. Then perhaps I'd be writing this from the Other Side, where the tree-dropping fairy and I would be making a pack to haunt you for life.
The state cop told us it was absolutely not our fault.
Sharp curve at night with limited visibilty
People generally don't expect to encounter Christmas trees in the road, that's why it's called an 'unexpected hazard". Also could have hit object in road as alternative to swerving and hitting another vehicle instead.
But let's beat that "it's always the driver's fault" drum good and loud.
Low to the ground
= difficult to see
Unsecured loads are the fault of the loaded vehicle's driver.
You serious, Clark?
You serious, Clark?
Whatever
Typical response from Chelsea Police. "oh we're too busy dealing with other stuff" I'm tired of this excuse, as I get told alot when I call police for crap. Yet I'm continually told by city hall to keep calling.. why should I when nothing gets done and I get attitude by CPD?
And they wonder why we're the way we are and we never seem to get any better.
Maybe if the police did respond to petty crime, the major crime would go away also. This is based on a proven theory that works. It was used by NYC Police to clean up times square in the 80s & 90s called The Broken Windows Theory)
I HIGHLY suggest that the correspondent contact Chief Keys & City Manager Ambrosino (contacts can be found on www.chelseama.gov) to explain what was said to them.
Yeah, I see that broken windows theory in action with cyclists
Police ignore them and can't even write them real tickets they have to pay, so total disregard for road laws results, probably when they drive too.
Oh, and about Chelsea being "the highest crime city in the state", I've not seen that data.
I think the same people not securing Christmas trees to their vehicles are likely the same landscapers and other contractors with shit blowing off their trucks and trailers as they drive down the road.
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Yeah, I see that broken
FIFY.
Oh those sneaky cyclists!
I'm sure they snuck in on their sneaky cycles and dumped xmas trees in the road ... just to be sneaky and mean to cars!!!
I feel like your trolling
I feel like your trolling used to be better, more nuanced, less eye rollingly obvious. It was funny because maybe, just maybe, it could have been somebody being serious. You've slipped, man.
Although I guess 3/10 for making me respond.
Sorry, I probably am slipping
Not that I ever cared much one way or the other about these issues, I've been distracted by other things too much to put as much effort into winding people up here. I had too good of one a few days ago though, and Adam deleted it. My best work gets lost like that.
For the incident report try
For the incident report try calling the Mass state police barracks in Medford or Revere. They should have it since Revere beach parkway is a state highway.
Appeal - you have a high chance of winning
The only problem is that you'll have to wait about 6-8 months to get a hearing date, and you may lose good driver discount or be surcharged - which will be credited back to you if you win. That's the process for a no-fault state.
Don't understand this bit:
Honest question here: what does the above mean exactly?
Possible Sequence Of Events?
1- Trees fall off a vehicle whose driver failed to secure the load.
2 - Couple driving their car hit the trees and pull off the road in safe location.
3 - Police receive report of trees in the road. An officer responds and removes the trees.
4 - The officer thinks he acted in time to prevent any accidents.
5 - The same officer now receives a report about the couple's accident.
Yes, exactly
The officer, who was stellar, the guy you dream of getting in an emergency, told us he'd been congratulating himself for being in the right place at the right time because he spotted the trees just as he was getting a report about them. Since he didn't see any stopped vehicles (we'd taken an exit) he assumed there weren't any accidents.
Thank you to everyone who provided insights and information about dealing with the insurance! That was very kind of you, and we'll be glad to have it when the time comes. The same officer promised to write the report and I have his name, so I'm planning to A) thank him soon and B) contact him later if we have trouble getting it.
If anything else comic-tragic happens to me this holiday season, I'm still making that pact with the tree-dropping fairy.
Aha, thank you
This is why I'll never be a detective.
thanks.
"but the car can’t be driven"
"but the car can’t be driven"
"Since he didn't see any stopped vehicles (we'd taken an exit) he assumed there weren't any accidents "
How did the OP take an exit in a car that can't be driven?
I'm just bustin' them, but I had a hearing in front an appeals board hearing officer and I lost. When I showed up the insurance rep was cozying up to her between cases and the appeal was denied. The reason ignored sworn testimony and documents and I have a surcharge for the next few years. Don't get your hopes up to avoid or be reimbursed for rate increases, the deck is stacked against you. The insurance rep is probably on a first name basis with the hearing officer and they will never hear from you again. It costs (I think $50 (non-refundable))
to get pretend justice.
Like thus
I knew we risked being hit if we pulled over into the shoulder, so I quickly talked my panicked husband into not doing that. The car was making loud, weird noises but I got him to change lanes and get to an exit by telling him that all the rattling we heard was just tree branches and twigs in the wheel wells. He believed me. When we looked at the car we could see parts and wires dangling from the front. And the officer agreed that we couldn't go home with it. $1500 in damage said the appraiser.
Any further questions, your honor?
It's All A Good Trial-Run For Your Appeal Hearing
Having all of these possible questions come up now, when the answers are clear in your mind will add to your narrative.
( Universal Hub is truly a treasure! )
Make good notes of everything (speed, conditions, traffic, visibility, etc.), take pictures, and get copies of the police report(s).
The comments from the police officer are important to mention — it's evidence that the trees were perceived by the police as a significant hazard that could cause accidents at the same time and place. Try to get a copy of that first police report about the trees in the road, in addition to your own report about the accident.
You don't want to be rambling or long-winded, so write a short and simple story about what happened, and practice reading it aloud. The most important thing to establish is that you were unable to foresee that trees would appear in your lane, and there was nothing you could do to avoid the accident. Do this now while it's all fresh in your mind, because it may be several months before your hearing.
At my hearing, there were other people who came unprepared and didn't provide viable explanations for their accidents; I don't think they fared very well. Doing all my homework was definitely worth the effort. To win your appeal, you only need to be ruled less than 50% at fault. Clearly, the driver who failed to properly secure the Christmas trees is more at fault than you.
Thank you!
We've never dealt with a hearing before so thank you for this very sensible advice. It wouldn't have occurred to us to get the first report about the trees in the lane. Or to write it all down now. We both will. We really appreciate your help!
I helped a friend win a surcharge hearing
Pictures of the scene (some taken from inside her vehicle by me while she drove, showing what it would look like when she was driving), print our of aerial Google satellite photo of the location, accident report etc.. I think she sent this in with the hearing request besides bringing it to the hearing. It all gave a comprehensive overview of the situation