Skip to main content

I posted a question in regards to being shot in the leg through the drivers side of my automobile while driving it,

Bronx, NY |

Several of the lawyers asked me to ellaborate. Basically, I'm a Pennsylvania resident with Penn. insurance coverage, while in NY, I got shot through my car while operating it, by some persons unknown. Being that the incident occured in NY, IM covered by NY no-fault law, However my insurance company brought up the question as to whether or not my medical expenses are going to be covered at all, due to the fact that it wasn't an automobile accident technically. They have not as of yet (3 weeks) decided on whether they will cover me or not. My question in clarity, is can they deny me coverage when the incident occured in my automobile but did not involve a technical accident. My perspective and I ask all counsel to consider the same is, if u were in your car and a tree fell on your car with u

Attorney Answers 7

Posted

Caution, I may be wrong. This is a non-covered event. The cause of your injury is not part of the "use or operation" of the vehicle. Please corroborate independently.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Mark as helpful

7 lawyers agree

Posted

The only way to know for sure is to have an experienced insurance coverage attorney review the policy and all of the fine print. Odds are that the insurance company would prefer NOT to cover it as it would save THEM a lot of money. If they deny your claim, you really should spend the money to have an attorney review your policy. You may have to file a Declaratory action against the insurance company and have a Court make a ruling. Again, the insurance company will have an experienced attorney representing them. You should do the same.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

Mark as helpful

5 lawyers agree

4 comments

Anthony A. Ferrante

Anthony A. Ferrante

Posted

Actually I believe this is pretty cut and dry. There may even be a case on point and it really isn't a policy language question but instead a case law/statutory interpretation question.

Anthony A. Ferrante

Anthony A. Ferrante

Posted

But regardless reviewing the policy is always a good practice.

Matthew C Simon

Matthew C Simon

Posted

I agree and I agree. Each insurance policy is different. I've seen some very broad language. With that said, I have not done any legal research on the issue so it may be more cut and dry than I think.

Michael J Palumbo

Michael J Palumbo

Posted

This guy is dead in the water as far as no fault benefits.

Posted

While I have not done the research, I believe Atty. Adams is correct. You describe an event that is not covered under the New York no-fault law because your injuries did not arise through the "use and operation of a motor vehicle.".

Unfortunately your insurance company may be correct. Good luck

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

Mark as helpful

6 lawyers agree

Posted

have an attorney review your policy

Mark as helpful

4 lawyers agree

1 comment

Michael J Palumbo

Michael J Palumbo

Posted

No - there is no need he's dead in the water as for no fault benefits.

Posted

The non-retail half of my practice is no fault collections. I would be shocked if they covered this event, because it did not arise out of the use of an automobile. If you were driving along and a tree fell on the car, that arose out of the use of the vehicle. This was a superseding criminality event, no different then if you were assaulted in a road rage incident while at a stop sign.

Mark as helpful

3 lawyers agree

Posted

My understanding is if you were injured during the use or operation of your vehicle you should be covered. The fact that you were shot should not change that fact.

Mark as helpful

4 lawyers agree

Posted

A Pennsylvania lawyer can review your Pennsylvania policy.

Mark as helpful

4 lawyers agree

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics