DOVER, Pa. — Former State Rep. Brian Sims, who served part of Philadelphia County until yesterday, was involved in a car crash earlier this month that injured two people.
Now the two drivers who were hit are asking who is going to help cover the cost of the damage.
A black Jeep SUV slammed into a stopped red car at the intersection of George St. and Carlisle Rd. in Dover Township around 9:15 a.m. on Nov 15. As the tail of the Jeep spun out from the impact of the collision, it hit another car passing in the other lane.
Katelyn Alban, a mom of five, was driving that car. She had her 3-year-old son and another 4-year-old child were in the backseat.
“I saw the Jeep speeding. I saw the car stopped in front of him and I knew that something bad was about to happen,” Alban said.
Both children were strapped into car seats, but Alban instinctively turned toward her son when she realized the car would hit them. Because the impact happened while her body was rotated, she claims she got whiplash and a shoulder injury. Neither child received any injuries.
The stopped car was hit with much more force. The driver, 74-year-old Phyllis Fisher of Dover Township, said the impact broke her nose, made her bite through her lip and compromised a dental implant.
“It just took my freedom away from me,” said Fisher, who had planned to drive that car for the remainder of her driving years.
Both women are able to use their personal car insurance for medical bills. But they both say their insurance companies are reporting issues getting their collision claims resolved due to a disagreement over who is liable for the crash.
The driver of the Jeep that hit the other two cars was Brian Sims, who represented part of Philadelphia County in the state House until Wednesday.
Sims was driving a state-owned car. The Pa. Department of General Services, which oversees the state car fleet, does not contract with a car insurance company but instead self-insures its cars.
According to a status update from Alban’s car insurance claim agent, the state claims it is not liable to pay for damages. The update reads,
“Unfortunately, [the Department of General Services] has taken the position that they will not accept [liability.] I have forwarded the video to them and will be sending in the police report I have received as well. They will not discuss with me why they will not accept fault for the accident.”
The update cites a video taken by a business across the street from the crash that clearly shows the moment of collision. It also mentions the Northern York County Regional Police crash information exchange record. Sims’ car is listed as Unit 1, which usually denotes that the car caused the crash, according to Northern York Chief David Lash.
If the state refuses to accept liability, the car insurance companies of both Alban and Fisher will revert to their personal collision coverage policies, which would require both of them to pay $1,000 deductibles. Alban’s car needs repairs; Fisher’s car was totaled, so she needs to buy a new car.
“I have five kids. Right before the holidays, I don’t have an extra $1,000 right now. It’s just not something that I have,” Alban said.
Officials at the Department of General Services wrote in a statement,
“The investigation is ongoing, and we are unable to comment on ongoing investigations.”
Multiple attempts to reach Sims for comment were unsuccessful. Previous to the crash, Sims had announced he would step down from office. He announced last week he will take on the position of managing director of public policy and government at nonprofit Affairs for Out Leadership.
Northern York Regional Police officials said an internal investigation is underway as to why Sims did not receive a traffic citation immediately after the crash. There is a 30-day window to issue charges, though, and they said new evidence may still result in a citation.