$285,000 Settlement for Pedestrian Knockdown / UM/UIM Dispute
- Date: Summer 2010
- Attorney: Kenneth W. Elwood
- Settlement: $285,000
- Practice Areas: Motor Vehicle Accident, Pedestrian Knockdown, Insurance Dispute
Kenneth Elwood represented a 26-year-old pedestrian who was stuck by a car and suffered injuries, including a broken ankle. The driver who struck her only had a minimal $15,000 insurance policy. As our client resided in New Jersey with her parents, Ken sought additional coverage under our client’s parents’ insurance policy (UM/UIM coverage for “uninsured/underinsured” accidents). The parent’s insurance carrier denied the claim contending that our client lived in Brooklyn at the time of the accident, and that she was no longer a “resident” at the parent home in Monmouth County. Ken was able to convince the court, that while our client had moved out of her home from time to time, she had not yet established a permanent residence, and returned to live at home on several occasions, and thus was still a “resident relative” under the parents policy. As a result, she was entitled to the maximum benefits of that UM/UIM coverage.