State Farm claim - Alan Mims driver

Accident occurred Tuesday, February 12th, 2013 at approximately 7:15 PM CST on middle lane of Poplar Avenue in front of Perkins restaurant.
Police report case #: WC1304223

Key witness: Kara White, mobile 901-679-3295, works at TCBY. On February 22nd, 2013 at approximately 7:30 PM CST, I was at TCBY telling the security guard about the accident and Kara (employee working at TCBY this evening) overheard our conversation and said that she saw the wreck happen as she was going to work at TCYB on Union Avenue. I asked her whose fault it was and she the driver of the SUV's fault, she literally and specifically said it was a Ford Explorer without me mentioning this detail to her in advance! Kara says she's willing to give a statement to State Farm, AllState, and/or the Memphis Police Dept.

Driver of 2005 Audi A4: Shawn McCleskey
Mobile: 901-292-0880
Office: 901-323-9190
email: shawn@neo-geo.com

Driver of 2003 Ford Explorer: Alan Mims | Policy holder of insurance for 2003 Ford Explorer: Kimberly Brooks
Alan Mims: mobile: 901-283-4500 | work: 901-327-2727

State Farm claim #24-2D72-056, adjuster = Christy Adams: 866-527-4120 ext: 4183324
1-877-231-5913 ext 21, Mon-FRI 7 AM to 7 PM

AllState claim # 0276988300, adjuster = Tyler Otts: 615-884-6560

I was leaving TCBY and turning left onto Poplar Avenue heading West. Alan was leaving work (French Riviera Spa), also turning left and in the process of heading East. We were both traveling on the center lane and the distance between us was shrinking rapidly. Alan showed no signs of slowing or changing lanes so I immediately began merging into the right lane as fast as safely possible. Another second or two and I would have been free of the middle lane and from Alan's unwavering path, but unfortunately Alan's front driver's side bumper impacted the rear driver's side wheel/tire/fender my car as seen in the final picture below. I pulled into the Perkins' parking lot and faced Alan with my car, flashed my lights until he was aware of me, and then he drove forward and turned into the parking lot next to the Exxon gas station located at the corner of Poplar & Highland.

Alan Mims said he didn't see me, cursed some, apologized numerous times, cursed some more, & reassured me that his insurance would cover the damage. As a result, I was calm, polite, and content that this wasn't a hit and run. I called 411 and was forwarded to the Memphis Police Department. While we waited for the police, we chatted, exchanged info, and took pictures of the vehicles. Alan works at the gym that I have been a member of for the past decade or more, he had just left the gym and was in a t-shirt and pants, I had just left a crossfit class at 7 PM, was in t-shirt and shorts, and my clothing was still saturated from sweat. We were cold and Alan was physically shivering/shaking. Three patrol cars showed up approximately 15 minutes later. They asked if we would like to file a report, but I may have received a ticket for insufficient proof of insurance (my card on hand was expired, though I have full coverage insurance that is current), and Alan would have received a ticket for a failure to observe. I/we could have called my insurance company (Allstate), pulled up proof from the Internet via my Blackberry, or obtained current proof from my home (just a few hundred feet away from the accident), but Alan and I mutually decided to settle this private property damage claim on our own. I complied on good faith of Alan Mims following through with his honest & responsible presentation displayed on the night of the accident. He is the head of personal training for French Riviera Spa, engaged to be married, had apologized for the damage he caused (admitted fault), said he didn't see me (acknowledged cause), and said his insurance would repair the damage (offered compensation).

I called both of our insurance companies the same evening of the accident (Tuesday, February 12th, 2013) to report the accident. For the days following the accident, State Farm tells me not to repair my vehicle until they are able to reach Alan Mims or Kimberly Brooks (policy holder). On the 4th day, February 15th, 2013, Alan Mims finally returns State Farm's calls and provides his report, a modified and fictitious report that falsely claims that he was already in the middle lane, falsely accuses me of pulling in front of him, and essentially lays the blame on me. It took Alan 4 days to come up with this story, and what of his flat tire, the inconvenience of leaving his car abandoned overnight in Memphis, TN (I suspect that he commutes from out of state), and the damage to his front bumper caused by colliding into the rear of my vehicle? Since Alan created a story to lay blame on me, why isn't he seeking restitution from my insurance or from me? Why was he short with me on the phone? Alan provided me with a dismissive "good luck" and then hung up without answering my question(s). Alan has focused his time and energy on avoiding a claim by spinning his story to lay blame on me but overlooks the fact that if I was truly to blame and his story was actually true, then I would be liable for his damages.

His revised story says that I pulled in front of him. That implies that he saw me. The truth is that we were driving straight towards each other and if he saw me, why didn't he try to avoid me by slowing down or by merging with his right lane? My theory is that he was looking at his phone, navigation system, tuning the radio, watching the stars, or perhaps just completely zoned out from medication(s). In short, he failed to observe and so he drove straight into my car while I did my best to avoid him. He made no such effort to avoid me because he wasn't paying attention. In fact, the 1st time that he gave any sign of noticing my vehicle was when I was flashing my lights at him from the Perkins parking lot.

Matt Thomas, who is the manager of French Riviera Spa and the boss/employer of Alan Mims, said that he spoke to Alan Mims and the story Alan gave him was quite different from reality. Alan told his boss that he was late to work the day following the collision into my Audi A4 because someone ran their vehicle into his during that very morning off of the expressway (nowhere near where the actual accident occurred) and that his SUV was stuck there (truth was that the accident was the night before and he had ran into one of the gym’s patrons in the very street that runs directly in front of their gym, but he felt that he had to lie about this to his boss).

Matt Thomas’s email, the general manager of French Riviera Spa that Alan Mims works at as personal trainer: warmachinenow@yahoo.com
Work #: 901-438-0590

Insurance card that Alan Mims provided to me:

All pictures taken on Tuesday, February 12th. My vehicle remains garaged and unrepaired. Additioinal pictures of the damage to my Audi can be provided or vehicle can be inspected.

I purchased a replacement tire from Firestone to install on my spare wheel. Firestone advised me not to drive the Audi until the body shop can fix the alignment as it's currently off the charts bad (their words). After they test drove my car, they reported that the the fender is scuffing the tire when the car is turning or hits a bump. I kept the original wheel and tire from the collision intact and as-is, safely wrapped in thick plastic wrap and stored in my garage.