Passenger Injury in Car Accident
WRSH Partner, Cliff Shapiro, obtained a recovery in the amount of $425,000 for a 26-year-old female passenger in a car service motor vehicle which struck a telephone pole. Her injuries were a pelvic fracture, including a fracture through the sacrum and rib fractures.
Defendant car service attempted to disclaim coverage based upon their claim that at the time of the accident, the driver was using the vehicle for personal use. They alleged that the defendant driver was the boyfriend of our female passenger; and that they had no record of a call for that particular car at that particular time.
Cliff had numerous discussions with the adjuster for the insurance company, and was able to convince the defendant's insurance company that if we were to try this case, we would be able to circumvent their claims by virtue of the fact that the defendant driver had the car with the permission of the owner, had the keys, despite their claimed restrictions as to no personal use, and that they would ultimately be vicariously liable under VTL 388. The adjuster apparently agreed, and ultimately offered $425,000.00.