One afternoon, a 35-year old Brooklyn woman met a car accident. Her vehicle was struck in the rear by a truck. The truckwas not immediately identified because it hurriedly left the scene of the accident. According to sources, the woman suffered personal injuries as a result of that accident. To recover damages for the car and her injuries, the woman filed an action against the insurance company who provided insurance to her vehicle. Under the insurance policy, the insurance company agreed to pay for some injuries caused by an truck accident arising out of the ownership, maintenance or use of a Supplementary Uninsured Automobile.
According to the police report, the Bronx truck that hit the woman’s car had a New York license plate. A DMV printout indicated the truck that hit the woman’s car was insured. The insurer of the truck, however, denied any liability and contended that the driver of the truck was not involved in the accident.
Arbitration on the case began. The insurer of the woman’s vehicle, however, sought to have arbitration permanently stayed alleging that the opposing side has failed to furnish sufficient evidence to support their allegation that the offending vehicle was uninsured at the date of the accident. The insurance company also alleged that it is not liable for the injuries suffered by the woman and the damages sustained by the car because the accident did not arise out of the ownership, maintenance or use of the car. The insurance company maintained that it does not have an obligation to pay under the insurance because the truck caused the accident and its resulting injuries and damages.
In this case, records showed that the insurer of the woman’s vehicle has not provided sufficient evidence to show that the “offending vehicle” was insured to justify a permanent stay of arbitration. The court said the arbitration cannot be stayed because there is an issue, based on the records in court, that the truck was involved in the accident, that the truck hit the woman’s vehicle, and a result the woman suffered from personal injuries.
The records showed that police report together with the DMV print out indicate that the truck was the hit and run vehicle and that it was insured. Yet, although it is admitted that the offending vehicle was insured, the insurance company denied the truck’s involvement in the accident and it has presented evidence that an inspection of the offending vehicle was conducted that showed he was not involved.
The court granted a temporary stay of the arbitration to first determine whether the truck was indeed involved in the accident. This question, the court said, must first be answered before any ruling on whether the insurance companies of both the offending vehicle and the woman’s vehicle are liable for the personal injuries sustained by the woman.
Suffering personal injuries caused by someone else and being involved in a lawsuit arising from those injuries is difficult for all. New York Car Accident Attorneys will stand by you and help see you through your case. These Attorneys can argue your side and make sure you and your loved ones are compensated.
Stephen Bilkis & Associates with its NY Personal Injury Lawyers, has convenient offices throughout the New York Metropolitan area including Corona, NY. Our Attorneys can provide you with advice to guide you through situations where an injury resulted because of another’s negligence. Without our Attorneys, you may lose your rights which may cost you a significant amount of money.
In addition to Injury Law, Stephen Bilkis and Associates will recommend Wrongful Death Lawyers who will help you.