Hit and Run

Published on: June 26, 2024

Nationwide’s denial of UM/SUM claim questioned in subway moped case. Nationwide Gen. Ins. Co. v. Faulkner 2024 N.Y. Slip Op. 30985 (N.Y. Sup. Ct. 2024)

by Stephen Bilkis

In a recent legal proceeding under CPLR 7503, Nationwide General Insurance Company sought a permanent stay of arbitration concerning the injured’s claim for uninsured motorist (UM)/supplementary underinsured motorist (SUM) benefits. Faulkner, the injured, contested the petition. Faulkner alleged she sustained injuries on November 15, 2022, from a hit-and-run moped incident at the New York City subway’s Times Square station, leading to a denial of her claim under John C. Faulkner’s Nationwide policy.

In New York, Uninsured Motorist benefits provide coverage to policyholders when they are involved in an accident caused by an uninsured or hit-and-run driver. This coverage helps pay for medical expenses, lost wages, and other damages that result from the accident. UM benefits are important as they ensure that victims of accidents with uninsured drivers can still receive compensation for their losses, despite the at-fault driver’s lack of insurance.

Supplementary Underinsured Motorist benefits in New York extend coverage beyond the limits of the at-fault driver’s insurance policy. If the at-fault driver’s insurance coverage is insufficient to cover the full extent of the victim’s damages, SUM benefits can provide additional compensation up to the limits of the policyholder’s SUM coverage. This coverage becomes important in cases where the damages exceed the limits of the at-fault driver’s insurance, ensuring that victims receive adequate compensation for their injuries and losses.

Published on: June 26, 2024

Court grants hearing on timely reporting in hit-and-run case. In re Progressive Ins. Co. v. Otero 2023 N.Y. Slip Op. 51319 (N.Y. Sup. Ct. 2023)

by Stephen Bilkis

In re Progressive Ins. Co. v. Otero 2023 N.Y. Slip Op. 51319 (N.Y. Sup. Ct. 2023) involves a hit-and-run accident that occurred on March 9, 2023. The case highlights the complexities surrounding uninsured motorist claims and the procedural steps in dealing with hit-and-run incidents in New York.

Background Facts

On March 9, 2023, the respondent was driving his vehicle when he was involved in a hit-and-run accident at the intersection of Oranite Avenue and Lasalle Street in Richmond, New York. Following this incident, the respondent sustained injuries severe enough to meet the criteria of a “serious injury” under NY CLS Ins § 5102. Immediately after the accident, the respondent was admitted to Richmond University Medical Center, where he stayed until March 11, 2023, due to his injuries, which prevented him from filing a police report at that time. Nevertheless, he managed to file a MV-104 report on March 12, 2023.

Published on: June 26, 2024

Passenger seeks damages after bus hit by unidentified SUV. Guity v. Cnty. of Westchester 2019 N.Y. Slip Op. 34310 (N.Y. Sup. Ct. 2019)

by Stephen Bilkis

In Guity v. Cnty. of Westchester 2019 N.Y. Slip Op. 34310 (N.Y. Sup. Ct. 2019), Plaintiff Beron Guity sought damages for injuries sustained in a bus accident on June 1, 2016, involving an uninsured motorist. Uninsured motorist coverage is a type of car insurance designed to protect drivers and passengers from financial loss when involved in an accident with a driver who is either uninsured or cannot be identified, such as in a hit-and-run incident. This coverage steps in to pay for damages like medical expenses, lost wages, and pain and suffering that would normally be paid by the at-fault driver’s insurance. It helps ensure that individuals receive necessary compensation even when the other party fails to carry adequate insurance, providing a layer of financial security in many unpredictable driving scenarios.

Background Facts

On June 1, 2016, while traveling on the northbound Sprain Brook Parkway in the Town of Greenburgh, New York, a Liberty Lines Transit bus, operated by Yeritza Vasquez and owned by the County of Westchester, was involved in an accident. The onboard video system recorded the incident. The bus was in the center lane when an SUV, moving faster than the bus from behind, swerved from the left lane to avoid a stopped vehicle and collided with the bus. The SUV driver fled the scene, making this a hit-and-run accident. The plaintiff, Beron Guity, a passenger on the bus, sustained injuries during this incident and filed a lawsuit seeking damages, attributing negligence to the bus driver and seeking uninsured motorist coverage from Liberty Lines Transit. The County Defendants acknowledge the accident but contest the negligence claim arguing that the accident was solely caused by the unidentified hit-and-run SUV, not by any action of the bus driver.