Well it is finally over (almost)

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Those of you who followed our Route 66 trip last year will recall it came to an abrupt end, on Mothers Day, near Carthage, OK.

A moments inattention on my part saw me revert to a lifetimes practice, and turn left in front of an oncoming vehicle (we drive on the left ft in Kiwiland, so except for Stop and Give Way (Yield) intersections, we don't have to worry when turning left, especially when turning off a main road into a side road, which is what I did).

Karen received three broken and two cracked ribs, a broken finger and a very minor brain bleed. She spent 12 days in Mercy Hospital in Joplin, including five nights in the ICU while they monitored her brain bleed and any incidence of pneumonia from her broken ribs.

The driver of the other vehicle received a broken leg. I was never told of any injuries his two passengers received, but there must have been given what occurred a few months later.

I escaped with a "sprained" ankle.

The Missouri Highway patrol trooper could not have been more professional, both at the scene and later when he visited me in the hospital in Joplin where he served me a citation for Failing to Yield when Turning Left.

When I told him I would be home long before the court date (end of July) he advised me to contact the court. When I asked him what th likely penalty would be he said he knew of similar matters that were dismissed without conviction where all the insurance issues had been dealt with. He told me that a mile or so from where I turned is a large dairy farm that Kiwi's often work at for a month at a time, and incidents like mine, or driving on the wrong side of the road, are not unknown.

I phoned the court a few days later and was told to wait until a week before the court date, go online and pay the fee ($176). I also applied for a copy of the crash report (which took ages to reach me but eventually the envelope arrived in the letterbox at home).

Two weeks before the court date I went online to pay, only to find out that I could not pay the fee as it involved an accident with injury. Another phone call to the court informed me I would need to be in court on the day or a warrant would be issued. When I told them I was in New Zelaand I was advised to get a local lawyer to appear for me. I went online to find out the penalty for this charge. Surprisingly to me it was a maximum US $500 fine and an optional 30 day license suspension. Here in New Zealand the maximum penalty for causing injury in a motor vehicle crash is NZ $3000 and a minimum 6 month loss of license.

I googled lawyers for the Jasper Country, Carthage, court and picked one who appeared to know what he was doing. Some e-mails and a 30 minute telephone conversation (paid by the lawyer who provided a free initial consultation), saw him agree to represent me if I returned to him a signed letter of engagement, a resume, and a US$1500 (NZ $2500) fee. I was told that it would take several months to finalise as the courts were very particular about ensuring that victims were compensated properly.

I had previously advised my travel insurer of the drivers name and phone number, the only information I had at the time. They informed me they would contact the driver and sort out the claim for his car and injuries.

Court day arrived and when I checked online, I found it was adjourned for 6 weeks for a judicial conference.

In August I received a phone call from a Joplin lawyer who informed me he represented an injured party, requesting my insurance details. I was at work at the time and didn't have them with me, so referred him to the lawyer I had engaged.

When the next court date arrived, the case was again adjourned for 6 weeks. And then a third time.

Karen recovered from her injuries after about 4 months. My ankle took until late November (and a cortisone shot) to (almost) fully recover.

In early January my travel insurer released the 10 highest payouts for 2024 to the press. Number 2 was over NZ $134,000 for a car crash where ribs and a finger were broken.Clearly this was our claim for Karen as I actually thought, based on 2017 New Zealand hospital costs, that it would be a lot higher. Especially since the insurance upgraded our return home to business class, which two days before the flight was listed at $9,985 per seat on the US website.

In early February I received an e-mail from my insurer, they had received a claim from an injured party and requested me to either confirm my previous insurance claim or to make a new one. That was quickly sorted out with a two minute e-mail.

Throughout 2025 the court case was repeatedly adjourned for 6 weeks at a time. I was beginning to wonder if it would ever be resolved. Then last Tuesday (July 15th US time) the case was called in court again. This time the prosecuting ADA informed the court they no longer wished to proceed with the prosecution and the case was dismissed.

While it was nice for the matter to be finally concluded, I have some mixed feelings about the result. Both the person I care about most in the world, and at least two strangers, were severely injured due to my inattention. And while I did pay for a lawyer to represent me, I paid no insurance excesses at all. Not for the medical bills, rental car (2024 Ford Explorer written off. The whole front of the engine was torn off in the crash) travel home or any other part of the claim. And my drivers license was not effected.

The only residual effect is that I still sometimes suffer from pain in my ankle. Although X-rays and a CT scan showed no bone damage, every now and again I suffer a day or two of soft tissue pain.

I am thankful that while serious, the injuries were not any worse than they were.

But the matter is now finally resolved.

Karen will not be returning to the U.S. Even before her heart attack in January, she told me she no longer wanted to travel. She has given me her blessing to go. and I have spoken to my brothers about accompanying me. One is keen, the other has been to the U.S. a couple of times and is thinking about it. I would like to complete Route 66. We would have done it this coming September (as well as another visit to Nashville for the Grand Ole Opry Centenary celebration, but put it off for a year due to Karen's health at the start of the year.

I guess we'll see what the future holds.
 
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Thanks for the update. I think we were all wondering what the precise circumstances were.

I am a little puzzled that the court did not do something like happened to me. Years ago I somehow lost a guy in a lane to my left despite using both mirrors and looking over my shoulder and lunched his little Kia with my Volvo S60. Fortunately, there were no injuries. That day I learned that Volvos are very solid and safe, but the B and C pillars are large and quite opaque.

I was cited for causing the accident by an unsafe lane change. No argument there, so I pled guilty at the courthouse clerk's window on the appointed day and paid $365. However, the subsequent paperwork said I paid a $365 fine for "Incorrect use of the horn or turn signals" which is not a moving offense, hence no points. I suspect the attitude is if you 'fess up, pay up, and clear time in the court, they'll cut you a break. Would never happen back in Blighty.
 
Man, I'm sorry you've had to go through that, but I'm really glad that everything was resolved. Yes, having to go through the judicial system for anything is a real pain in the neck. My opinion is that the courts work on their own time schedule and delays are the norm, but if they want something from you, you'd better have it to them, pronto.
 
Glad everything worked out okay. I have all too often seen where a little mistake results in a devastating outcome. Coming from the Law Enforcement side of things, I might recommend a driving class to bone up and give you more confidence when you return.
 
Glad it all worked out, Kiwi.

I now live, except for a couple of months at the end/beginning of the year, in the US, but when I was traveling back and forth to and from Japan, where they drive on the left, or earlier, when living in Japan and trips to the US were frequent but of short duration, I would occasionally have lapses as well, especially when jet lagged.

Most fortunately, never any accidents though I am sure I terrified the very occasional other drivers who briefly saw me headed right at them in the wrong lane.

I am impressed with your travel insurance company. Sounds like they really stepped up to take care of you rather than trying to weasel their way out of it as so often happens.

My very best wishes for Karen's good health.
 
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