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

Asked over 1 year ago - 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)

  1. Jeffrey Mark Adams

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  2. Anthony A. Ferrante

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . 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... more
  3. Matthew C Simon

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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-... more
  4. David Ian Schoen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

  5. Michael J Palumbo

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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.

  6. Alan James Brinkmeier

    Contributor Level 20

    4

    Lawyers agree

    Answered . have an attorney review your policy

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . A Pennsylvania lawyer can review your Pennsylvania policy.

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