The plaintiff was struck by an unidentified driver while riding her electric scooter in a parking lot.
The driver fled the scene shortly after the collision while the plaintiff was being attended to by her husband and a friend.
The plaintiff sued her husband's automobile insurer under the unidentified automobile coverage.
The insurer brought a motion for summary judgment, arguing the plaintiff failed to take reasonable steps to identify the driver.
The court dismissed the motion, finding a triable issue as to whether the plaintiff's failure to obtain the driver's information was reasonable given her injuries and shock immediately following the accident.
