Uninsured Motorist Claim
John E. Molinari represented a 48 year old plaintiff who was involved in a motor vehicle collision on Route 46 in Elmwood Park, NJ. At the time of the collision the other driver claimed that she was stopped at a red traffic signal and her vehicle accelerated despite the fact that she never took her foot off of the brake. The officer at the scene confirmed that after the collision the vehicle seemed to be revving at a very high rate of speed but that was after the collision that forced both vehicles into a traffic light pole. The driver of that vehicle had a dollar a day policy and therefore had no liability coverage from which the injured plaintiff could make a claim. Plaintiff had a policy of insurance that had $250,000.00 available in uninsured motorist coverage and made her claim against her own policy.
The uninsured motorist carrier argued the sudden emergency but concentrated their defense on what they initially claimed were nothing more than soft tissue injuries. The injured plaintiff eventually underwent a lumbar laminectomy after an MRI revealed a very large disc herniation at L5-S1. Following the procedure, the uninsured motorist carrier paid the full policy limits of $250,000.00.