The plaintiff was struck from behind by an unidentified vehicle in a Starbucks drive-through.
Unaware she had suffered a concussion, she did not obtain the other driver's information before he left.
She reported the accident to her broker the next day but did not notify police within 24 hours or provide written notice to her insurer within 30 days.
In a special case trial, the court held the plaintiff could not have ascertained the driver's identity with reasonable due diligence due to her injuries.
The court found no irreparable prejudice to the insurer from the delayed reporting and granted relief from forfeiture.
The court also found sufficient corroborating evidence of the unidentified vehicle's involvement.
