2 total
Relief from forfeiture granted for delayed reporting of unidentified driver claim where plaintiff suffered concussion.
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.
Application for accident benefits dismissed as surveillance evidence contradicted applicant's claims of inability to work.
The applicant sought income replacement benefits and housekeeping benefits following a motor vehicle accident.
The insurer denied the claims, relying on surveillance evidence showing the applicant working at her family's dry cleaning business and performing physical tasks without apparent difficulty.
The arbitrator found the applicant and her husband lacked credibility, noting numerous contradictions in their testimony.
The arbitrator preferred the medical evidence of the insurer's experts, who concluded the applicant could perform her pre-accident work and housekeeping tasks, over the applicant's experts, who were unaware she had returned to work.
The application for benefits, interest, and a special award was dismissed.
